High Court of Punjab and HaryanaCRM-M/16580/2018allowed

Moti Ram And ORS v. State Of Punjab And ANR

2018-08-10Lok Adalat Bench - 12 pages

-1CRM-M-16580 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-16580 of 2018 Date of Decision: 10.08.2018 Moti Ram and others ....Petitioners

Versus

State of Punjab and another ....Respondents CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - Mr. Anish Verma, Advocate, for Mr. Parveen K. Kataria, 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.91 dated 09.07.2017 registered under Section 306 IPC at Police Station Sadar, Phagwara, District Kapurthala, along with all consequential proceedings arising therefrom, on the basis of compromise (Annexure P-3).

Pursuant to order dated 27.04.2018 of this Court, the parties appeared before learned Judicial Magistrate Ist Class, Phagwara on 21.05.2018 to get their statements recorded. Learned Judicial Magistrate Ist Class, Phagwara, has submitted his report vide letter bearing No.309 dated 30.05.2018 duly forwarded by learned District and Sessions Judge, Kapurthala vide Endst. No.1001/AII dated 01.06.2018. According to the report, learned Judicial Magistrate Ist Class, Phagwara, is satisfied that compromise effected in between the parties is genuine, voluntary and without any coercion or threat. No party has been RAVINDER SINGH 2018.08.14 11:11 I attest to the accuracy and authenticity of this document declared proclaimed offender.

-2CRM-M-16580 of 2018 Considering the report of learned Judicial Magistrate Ist Class, Phagwara, and the fact that the compromise will bring peace and harmony in relations between the parties, FIR No.91 dated 09.07.2017 registered under Section 306 IPC at Police Station Sadar, Phagwara, District Kapurthala, along with all consequential proceedings arising therefrom, is hereby 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. Petition is disposed of accordingly.

List on 06.09.2018 for production of receipt with regard to deposit of aforesaid costs.

(RAMENDRA JAIN) August 10, 2018 JUDGE R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No RAVINDER SINGH 2018.08.14 11:11 I attest to the accuracy and authenticity of this document