Bhagwanti And ORS v. State Of Haryana And ANR

CRM-M-19101-2018 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-19101-2018 Date of decision: 03.08.2018 Bhagwanti and others ..... Petitioners

Versus

State of Haryana and another ..... Respondents

CORAM:

HON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Mr. KS Dhanora, Advocate for the petitioners. Mr. Vikramjit Singh, Addl. A.G., Haryana.

Mr. TPS Bhatti, Advocate for Mr. JS Saneta, 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 Criminal Complaint No. 85-I, RBT-I dated 17.07.2012 (Annexure P-1), under Sections 420, 466, 467, 468, 471, 504, 506 and 120-B IPC at Police Station Adampur, District Hisar, pending in the Court of Judicial Magistrate Ist Class, Hisar and all subsequent proceedings arising therefrom, on the basis of compromise dated 25.04.2018 (Annexure P-2) effected between the parties.

2.

Vide orders dated 07.05.2018, parties were directed to appear before the trial Court/Illaqa Magistrate on 29.05.2018, 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 Chief Judicial Magistrate, Hisar and got recorded their statements qua compromise on Rishu Kataria 2018.08.06 15:28 I attest to the accuracy and authenticity of this document

CRM-M-19101-2018 -229.05.2018. Report from the Chief Judicial Magistrate, Hisar, vide letter No. 160 dated the 31.05.2018, duly forwarded by learned District and Sessions Judge, Hisar, vide letter No. 14597 dated 01.06.2018 has been received. According to the report of the learned Chief Judicial Magistrate, Hisar, the compromise has been effected between the parties without any pressure or coercion and the same is voluntary one. 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 Criminal Complaint No. 85-I, RBT-I dated 17.07.2012 (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 Haryana 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 30.08.2018, for production of receipts regarding deposit of costs.

August 03, 2018 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No Rishu Kataria 2018.08.06 15:28 I attest to the accuracy and authenticity of this document