High Court of Punjab and HaryanaCRM-M/16946/2018allowed

Harjinderpal Singh v. State Of Punjab & Others

2018-08-07Mr. Justice Ramendra Jain2 pages

-1CRM-M-16946 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-16946 of 2018 Date of Decision: 07.08.2018 Harjinderpal Singh ....Petitioner

Versus

State of Punjab and another ....Respondents CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - Mr. H.S. Khosa, Advocate, for the petitioners. Mr. Amandeep S. Gill, DAG, Punjab.

RAMENDRA JAIN, J. (ORAL) Prayer in the instant petition under Section 482 Cr.P.C. has been made for quashing General Diary Rapat No.26 dated 03.03.2018 under Section 336 IPC and Sections 25/27 of the Arms Act recorded in FIR No.0036 dated 03.03.2018 registered under Sections 336, 506, 148 and 149 IPC and Sections 25/27 of the Arms Act, 1959 at Police Station City Moga, District Moga, on the basis of compromise dated 13.04.2018 (Annexure P2). Pursuant to order dated 24.04.2018 of this Court, the parties appeared before learned Chief Judicial Magistrate, Moga, on 05.05.2018 to get their statements recorded. Learned Chief Judicial Magistrate, Moga, has submitted his report vide letter bearing No.463 dated 15.05.2018 duly forwarded by learned District and Sessions Judge, Moga, vide Endst. No.2272/EB dated 16.05.2018.

According to the report, learned Chief Judicial Magistrate, Moga, RAVINDER SINGH 2018.08.09 18:29 I attest to the accuracy and authenticity of this document is satisfied that compromise effected between the parties is genuine, with their free will, without any coercion or undue influence from any corner and

-2CRM-M-16946 of 2018 the same has been voluntarily made by the parties. Considering the report of learned Chief Judicial Magistrate, Moga, and the fact that the compromise will bring peace and harmony in relations between the parties, General Diary Rapat No.26 dated 03.03.2018 under Section 336 IPC and Sections 25/27 of the Arms Act recorded in FIR No.0036 dated 03.03.2018 registered under Sections 336, 506, 148 and 149 IPC and Sections 25/27 of the Arms Act, 1959 at Police Station City Moga, District Moga, 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 04.09.2018 for production of receipt with regard to deposit of aforesaid costs.

(RAMENDRA JAIN) August 07, 2018 JUDGE R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No RAVINDER SINGH 2018.08.09 18:29 I attest to the accuracy and authenticity of this document