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High Court of Punjab and HaryanaCRM-M/20534/2017disposed of

Pritam Pal v. State Of Haryana & ANR

2018-09-07Mrs Justice Daya Chaudhary2 pages

CRM-M-30134-2018 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-20534-2018 Date of decision: 07.09.2018 Pritam Pal ..... Petitioner

Versus

State of Haryana and another ..... Respondents

CORAM:

HON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Mr. MS Atwal, Advocate for the petitioner. Mr. Yashwinder Singh, DAG, Haryana.

Ms. Swati Verma, 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. 329 dated 04.06.2012 (Annexure P-1) registered under Sectins 420, 406, 506 and 120-B IPC at Police Station City Jind, District Jind and all subsequent proceedings arising therefrom, on the basis of compromise dated 01.04.2017 (Annexure P-3), effected between the parties.

2.

Vide order dated 07.08.2018, the parties were directed to appear before the trial Court/Illaqa Magistrate, 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, Jind and got recorded their statements qua compromise on 14.08.2018. Report from the Judicial Magistrate Ist Class, Jind, vide letter RISHU KATARIA 2018.09.10 16:03 I attest to the accuracy and integrity of this document

CRM-M-30134-2018 -2No. 744 dated 06.09.2018, duly forwarded by the District and Sessions Judge, Jind, vide letter No. 13912 dated 06.09.2018 has been received. According to the report of the Judicial Magistrate Ist Class, Jind, compromise has been effected between the parties without any duress and voluntarily.

4.

In view of the totality of the facts and circumstances and considering the fact that the compromise will bring harmony and peace in relations between the parties, this petition is allowed and the aforesaid, FIR No. 329 dated 04.06.2012 (Annexure P-1) and all subsequent proceedings arising therefrom, qua the petitioner are quashed, subject to payment of costs of `10,000/-, out of which `8,000/- shall be deposited with the following account:- Account details:- Chief Minister's Distress Relief Fund.

Account Number :- 67319948232 Bank:- State Bank of India.

Branch:- City Branch, Thiruvananthapuram IFSC:- SBIN0070028 PAN:- AAAGD0584M Account Type:- Savings SWIFT Code:

SBININBBT08 and `2,000/- with the Bar Council of Punjab and Haryana, within 10 days from today, failing which this petition shall be deemed to be dismissed. 5.

List on 01.10.2018, for production of receipts regarding deposit of costs.

September 07, 2018 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No RISHU KATARIA 2018.09.10 16:03 I attest to the accuracy and integrity of this document