High Court of Punjab and HaryanaCRM-M/16470/2018allowed

Gaurav Kumar @ Nanni v. State Of Punjab And Another

2018-07-27Lok Adalat Bench - 12 pages

-1CRM-M-16470 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-16470 of 2018 Date of decision: 27.07.2018 Gaurav Kumar @ Nanni .......Petitioner versus State of Punjab and another ......Respondents CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - Mr. Sanjeev K. Virk, Advocate, for the petitioner. Mr. Harpreet Multani, DAG, Punjab.

RAMENDRA JAIN, J. (ORAL) Prayer in the instant petition under Section 482 Cr.P.C. has been made for quashing FIR No.144 dated 24.08.2017 registered under Sections 452, 427 and 34 IPC at Police Station Division No.5, Jalandhar, District Jalandhar, on the basis of compromise dated 16.01.2018 (Annexure P-2).

Pursuant to order dated 21.04.2018 of this Court, the parties appeared before the trial Court/Illaqa Magistrate to get their statements recorded. Learned Judicial Magistrate Ist Class, Jalandhar, has submitted her report vide letter bearing No.157 dated 03.05.2018 duly forwarded by learned District and Sessions Judge, Jalandhar vide letter No.1122G/JRK dated 04.05.2018.

According to the report, learned Judicial Magistrate Ist Class, Jalandhar, is satisfied that compromise arrived at between the parties is genuine and the same has been effected voluntarily without any pressure, Ravinder Singh 2018.07.27 18:31 I attest to the accuracy and authenticity of this document coercion or undue influence from any quarter.

-2CRM-M-16470 of 2018 Considering the report of learned Judicial Magistrate Ist Class, Jalandhar, and the fact that the compromise will bring peace and harmony in relations between the parties, FIR No.144 dated 24.08.2017 registered under Sections 452, 427 and 34 IPC at Police Station Division No.5, Jalandhar, District Jalandhar, is hereby quashed qua petitioner only, subject to payment of costs of Rs.10,000/-, out of which Rs.6,000/- shall be deposited with the Punjab State Legal Services Authority and Rs.4,000/- with the Bar Council of Punjab and Haryana.

Petition is disposed of accordingly.

List on 20.8.2018 for production of receipt with regard to deposit of aforesaid costs.

(Ramendra Jain) Judge July 27, 2018 R.S.

Whether speaking/reasoned Yes/No Whether reportable Yes/No.

Ravinder Singh 2018.07.27 18:31 I attest to the accuracy and authenticity of this document