Davinder Singh & ORS v. State Of Punjab And ANR

CRM-M-17162-2018 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-17162-2018 Date of decision: 30.07.2018 Davinder Singh and others ..... Petitioners

Versus

State of Punjab and another ..... Respondents

CORAM:

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

Ms. Arshdeep Kaur, Advocate 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. 25 dated 03.04.2017 (Annexure P-1) registered under Sections 341, 323, 506, 355 and 120-B IPC at Police Station Sudhar, District Ludhiana (Rural) and all subsequent proceedings arising therefrom, on the basis of compromise (Annexure P-2, Colly.) effected between the parties.

2.

Vide orders dated 26.04.2018, parties were directed to appear before the trial Court/Illaqa Magistrate on 07.05.2018, 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 Judicial Magistrate Ist Class, Jagraon and got recorded their statements qua compromise on 07.05.2018. Report from the Judicial Magistrate Ist Class, Jagraon, vide letter No. 332 dated 13.07.2018, duly forwarded by learned District and Rishu Kataria 2018.07.31 14:15 I attest to the accuracy and authenticity of this document

CRM-M-17162-2018 -2Sessions Judge, Ludhiana, vide letter No. 594/EC dated 17.07.2018, has been received. According to the report of the learned Judicial Magistrate Ist Class, Jagraon, the compromise effected between the parties 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. 25 dated 03.04.2017 (Annexure P-1) and all subsequent proceedings arising therefrom, qua the petitioners is 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 23.08.2018, for production of receipts regarding deposit of costs.

July 30, 2018 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No Rishu Kataria 2018.07.31 14:15 I attest to the accuracy and authenticity of this document