Tarsem Singh & ORS v. State Of Punjab And ANR

CRM-M-18319 of 2017 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-18319 of 2017 DATE OF DECISION:-01.12.2018 TARSEM SINGH @ LADDI AND ORS.

...PETITIONERS...

V.

STATE OF PUNJAB AND ANR.

...RESPONDENTS...

CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN

Present:

Mr. Harkaran Singh, Advocate for Mr. Brijeshwar Singh, Advocate, for the petitioners.

Mr. Harpreet Multani, AAG, Punjab.

Mr. Nitin Rathour, Advocate, for respondent No.2.

**** RAMENDRA JAIN, J. (ORAL) Prayer in the instant petition under Section 482 Cr.P.C. has been made for quashing FIR No.170 dated 28.10.2016, under Section 304/34 IPC at Police Station Kamboj, District Amrisar Rural (P-1) along with all subsequent proceedings arising therefrom, on the basis of compromise. Pursuant to orders dated 20.08.2018 and 21.09.2018 of this Court, parties appeared before the trial Court on 16.11.2018 to get their statements recorded. Learned Judicial Magistrate Ist Class(D), Amritsar has submitted her report vide letter bearing No.368 dated 17.11.2018 duly forwarded by learned District and Sessions Judge, Amritsar, vide Ends.No.11501R dated 20.11.2018.

SONIKA 2018.12.03 12:45 I attest to the accuracy and authenticity of this document Chandigarh According to the report, ld. Judicial Magistrate Ist Class(D),

CRM-M-18319 of 2017 --2-- Amritsar, is satisfied that compromise is genuine in between the parties and statements of both the parties are bonafide and are not a result of any pressure or coercion etc. in any manner. No accused has been declared proclaimed offender.

Considering the report of learned Judicial Magistrate Ist Class(D), Amritsar, dated 17.11.2018 and the fact that the compromise will bring peace and harmony in relations between the parties, aforesaid FIR No.170 dated 28.10.2016 along with all subsequent proceedings arising therefrom, are quashed qua the petitioners only, subject to payment of costs of `10,000/-, out of which `3,000/- shall be deposited with the Bar Association of Punjab and Haryana High Court and `7,000/- with the Prime Minister National Relief Fund within two weeks from today, failing which this petition shall be deemed to be dismissed. Disposed of accordingly.

List on 01.02.2019, for production of receipt with regard to deposit of aforesaid costs.

01.12.2018 (RAMENDRA JAIN) sonika JUDGE whether speaking/reasoned:

Yes/No whether reportable:

Yes/No SONIKA 2018.12.03 12:45 I attest to the accuracy and authenticity of this document Chandigarh