Mustak Masih And ORS v. State Of Punjab And ORS

-1CRM-M-15868 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-15868 of 2018 Date of Decision: 05.09.2018 Mustak Masih and others ....Petitioners

Versus

State of Punjab and others ....Respondents CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - Mr. G.S. Sirphikhi, Advocate, for the petitioners. Mr. Davinder Bir Singh, DAG, Punjab.

RAMENDRA JAIN, J. (ORAL) Prayer in the instant petition under Section 482 Cr.P.C. has been made for quashing FIR No.116 dated 03.10.2017 (Annexure P-1) registered under Sections 452, 326, 323, 324, 148 and 149 IPC at Police Station Sadar, Police District Batala, District Gurdaspur and all subsequent proceedings arising therefrom, on the basis of compromise dated 26.03.2018 (Annexure P-2).

Pursuant to order dated 19.04.2018 of this Court, the parties appeared before the trial Court/Illaqa Magistrate on 18.05.2018 to get their statements recorded. Learned Judicial Magistrate Ist Class, Batala, has submitted his report vide letter bearing No.635, dated 27.08.2018 duly forwarded by learned District and Sessions Judge, Gurdaspur, vide Endst. No.16160/RKT, dated 28.08.2018.

According to the report, learned Judicial Magistrate Ist Class, Batala, is satisfied that compromise entered into between the parties is valid and genuine and it is voluntarily effected between the parties with their free RAVINDER SINGH 2018.09.07 11:25 I attest to the accuracy and authenticity of this document consent and without any pressure, threat, coercion or undue influence from

-2CRM-M-15868 of 2018 any quarter. None of the persons involved in this case/dispute has been declared as proclaimed offender.

Considering the report of learned Judicial Magistrate Ist Class, Batala, dated 27.08.2018 and the fact that the compromise will bring peace and harmony in relations between the parties, aforesaid FIR No.116 dated 03.10.2017 (Annexure P-1) registered under Sections 452, 326, 323, 324, 148 and 149 IPC at Police Station Sadar, Police District Batala, District Gurdaspur, and all subsequent proceedings arising therefrom, are quashed, subject to payment of costs of `10,000/-, out of which `8,000/- shall be deposited with the following account:- Account details:- Chief Minister's Distress Relief Fund.

Account Number :- 67319948232 Bank:- State Bank of India.

Branch:- City Branch, Thiruvananthapuram IFSC:- SBIN0070028 PAN:- AAAGD0584M Account Type:- Savings SWIFT Code:

SBININBBT08 and `2,000/- with the Bar Council of Punjab and Haryana High Court within one week from today, failing which this petition shall be deemed to be dismissed.

Disposed of accordingly.

List on 28.9.2018, for production of receipt with regard to deposit of aforesaid costs.

(Ramendra Jain) September 05, 2018 Judge R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No RAVINDER SINGH 2018.09.07 11:25 I attest to the accuracy and authenticity of this document