Malkeet Singh v. State Of Punjab And ORS

CRM-M-18508-2018 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-18508-2018 Date of decision: 01.08.2018 Malkeet Singh ..... Petitioner

Versus

State of Punjab and another ..... Respondents

CORAM:

HON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Mr. Rishu Mahajan, Advocate for the petitioner. Mr. Harpreet Multani, AAG, Punjab.

Mr. HS Bajwa, 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. 65 dated 08.04.2018 (Annexure P-1) registered under Sections 336 and 506 IPC and Section 30 of the Arms Act at Police Station Sadar, Amritsar and all subsequent proceedings arising therefrom, on the basis of compromise dated 24.04.2018 (Annexure P-2) effected between the parties.

2.

Vide orders dated 03.05.2018, parties were directed to appear before the trial Court/Illaqa Magistrate on 17.05.2018, 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 Additional Chief Judicial Magistrate, Amritsar and got recorded their statements qua compromise on 17.05.2018. Report from the Additional Chief Judicial Magistrate, Amritsar, vide letter No. 714 dated 18.05.2018, duly forwarded Rishu Kataria 2018.08.02 14:01 I attest to the accuracy and authenticity of this document

CRM-M-18508-2018 -2by learned District and Sessions Judge, Amrisar, vide Endst. No. 4736R Dated Amritsar, the 21.05.2018, has been received. According to the report of the learned Additional Chief Judicial Magistrate, Amritsar, the compromise effected between the parties is genuine, voluntarily and out of free will of the parties.

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. 65 dated 08.04.2018 (Annexure P-1) and all subsequent proceedings arising therefrom, qua the petitioner 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 27.08.2018, for production of receipts regarding deposit of costs.

August 01, 2018 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No Rishu Kataria 2018.08.02 14:01 I attest to the accuracy and authenticity of this document