Kulbir Kaur And ORS v. State Of Punjab And ANR

CRM-M-17470-2018 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-17470-2018 Date of decision: 30.07.2018 Kulbir Kaur and others ..... Petitioners

Versus

State of Punjab and another ..... Respondents

CORAM:

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

Mr. DN Ganeriwala, Advocate for the 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. 66 dated 26.04.2017 (Annexure P-1) registered under Section 326 read with Section 34 IPC at Police Station Ajnala, District Amritsar and all subsequent proceedings arising therefrom, on the basis of compromise dated 13.04.2018 (Annexure P-2) effected between the parties.

2.

Vide orders dated 27.04.2018, 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, Ajnala and got recorded their statements qua compromise on 07.05.2018. Report from the Judicial Magistrate Ist Class, Ajnala, vide letter No. 72 dated 07.05.2018, 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-17470-2018 -2Sessions Judge, Amritsar, vide Endst. No. 4538R dated Amritsar, the 16.05.2018, has been received. According to the report of the learned Judicial Magistrate Ist Class, Ajnala, the compromise effected between the parties is without any pressure or undue influence and voluntarily. 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. 66 dated 26.04.2017 (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