Rajesh Kumar Bansal And Another v. State Of Punjab And Another

CRM-M-16824-2018 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-16824-2018 Date of decision: 08.08.2018 Rajesh Kumar Bansal and another ..... Petitioners

Versus

State of Punjab and another ..... Respondents

CORAM:

HON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Mr. IS Pabla, Advocate for the petitioners. Mr. Harpreet Multani, AAG, Punjab.

None for respondent No. 2.

RAMENDRA JAIN, J. (ORAL) 1.

Through this petition under Section 482 Cr.P.C., prayer has been made for quashing FIR No. 60 dated 17.04.2012 registered under Sections 420, 467, 468, 471 and 120-B IPC at Police Station Dera Bassi, District SAS Nagar, Mohali and all subsequent proceedings arising therefrom, on the basis of compromise dated 18.03.2018 (Annexure P-1) effected between the parties.

2.

Vide order dated 24.04.2018, the parties were directed to appear before the trial Court within one month, to get their statements recorded for compromise with a direction to the trial Court, to furnish a report qua veracity of the compromise.

3.

Consequently, parties appeared before the Sub Divisional Judicial Magistrate, Dera Bassi and got recorded their statements qua RISHU KATARIA 2018.08.09 16:27 I attest to the accuracy and integrity of this document

CRM-M-16824-2018 -2compromise on 24.05.2018. Report from the Sub Divisional Judicial Magistrate, Dera Bassi, vide letter No. 58 dated 13.06.2018, duly forwarded by learned District and Sessions Judge, SAS Nagar, vide Endst. No. 6455, Dated, SAS Nagar, the 15th June, 2018, has been received. According to the report of the learned Sub Divisional Judicial Magistrate, Dera Bassi, the compromise effected between the parties is out of their free will and without any coercion. The same is genuine, voluntary and without any coercion or undue influence.

4.

In view of the totality of the facts and circumstances and considering the fact that the compromise will bring harmony in relations between the parties, this petition is allowed and the aforesaid, FIR No. 60 dated 17.04.2012 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 04.09.2018, for production of receipts regarding deposit of costs.

August 08, 2018 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No RISHU KATARIA 2018.08.09 16:27 I attest to the accuracy and integrity of this document