Boota Singh & ORS v. State Of Punjab & ANR

CRM-M-15539-2017 (O&M) -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-15539-2017 (O&M) Date of decision: 09.08.2018 Boota Singh and others ..... Petitioners

Versus

State of Punjab and others ..... Respondents

CORAM:

HON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Mr. Surinder Gaur, Advocate for the petitioners. Mr. Davinder Bir Singh, DAG, Punjab.

Mr. Surinder Garg, Advocate for respondents No. 2 to 5. RAMENDRA JAIN, J. (ORAL) 1.

Through this petition under Section 482 Cr.P.C., prayer has been made for quashing FIR No. 43 dated 17.09.2016 (Annexure P-1) registered under Sections 308, 323, 148 and 149 IPC at Police Station Sadar, Budhlada and all subsequent proceedings arising therefrom, on the basis of compromise dated 05.03.2017 (Annexure P-3), effected between the parties.

2.

Vide order dated 04.05.2017, the parties were directed to appear before the trial Court/Illaqa Magistrate on 30.05.2017, to get their statements recorded for compromise with a direction to the trial Court/Illaqa Magistrate, to furnish a report qua veracity of the compromise. 3.

Consequently, parties appeared before the Sub Divisional Judicial Magistrate, Budhlada and got recorded their statements qua RISHU KATARIA 2018.08.10 18:59 I attest to the accuracy and integrity of this document

CRM-M-15539-2017 (O&M) -2compromise on 30.05.2017. Report from the Sub Divisional Judicial Magistrate, Budhlada, vide letter No. 205 dated 19.06.2017, duly forwarded by learned District and Sessions Judge, Mansa, vide letter No. 3084 dated 20.06.2017, has been received. According to the report of the learned Sub Divisional Judicial Magistrate, Budhlada, the compromise arrived at between the parties is genuine, without any pressure or coercion. 4.

In view of the totality of the facts and circumstances and considering the fact that the compromise will bring harmony and peace in relations between the parties, this petition is allowed and the aforesaid, FIR No. 43 dated 17.09.2016 (Annexure P-1) and all subsequent proceedings arising therefrom, qua the petitioners are quashed, subject to payment of costs of `10,000/-, out of which `6,000/- shall be deposited with the Punjab State Legal Services Authority and `4,000/- with the Bar Council of Punjab and Haryana, within two weeks from today, failing which this petition shall be deemed to be dismissed.

5.

List on 05.09.2018, for production of receipts regarding deposit of costs.

August 09, 2018 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No RISHU KATARIA 2018.08.10 18:59 I attest to the accuracy and integrity of this document