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High Court of Punjab and HaryanaCRM-M/21710/2016allowed

Sandeep Singh @ Sunny v. State Of Punjab And ANR

2018-08-28Mrs Justice Daya Chaudhary2 pages

-1CRM-M-21710 of 2016

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-21710 of 2016 Date of Decision: 28.08.2018 Sandeep Singh @ Sunny ....Petitioner

Versus

State of Punjab and another ....Respondents CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - Mr. A.S. Rai, Advocate, for the petitioner. Mr. Amandeep S. Gill, DAG, Punjab.

RAMENDRA JAIN, J. (ORAL) Prayer in the instant petition under Section 482 Cr.P.C. has been made for quashing FIR No.15 dated 30.01.2016 (Annexure P-1) registered under Section 379-B IPC at Police Station Machhiwara, Police District Khanna, and all subsequent proceedings arising therefrom, on the basis of compromise (Annexure P-2).

Pursuant to order dated 08.07.2016 of this Court, the parties appeared before the trial Court/Illaqa Magistrate on 25.10.2016 to get their statements recorded. Learned Judicial Magistrate Ist Class, Samrala, has submitted her report vide letter bearing No.68, dated 25.10.2016 duly forwarded by learned District and Sessions Judge, Ludhiana, vide letter No.870/EC, dated 26.10.2016.

According to the report, learned Judicial Magistrate Ist Class, Samrala, is satisfied that compromise entered into between the parties is genuine, voluntary and without any coercion or undue influence. No accused has been declared proclaimed offender. RAVINDER SINGH 2018.08.30 11:13 I attest to the accuracy and authenticity of this document Considering the report of learned Judicial Magistrate Ist Class,

-2CRM-M-21710 of 2016 Samrala, dated 25.10.2016 and the fact that the compromise will bring peace and harmony in relations between the parties, aforesaid FIR No.15 dated 30.01.2016 (Annexure P-1) registered under Section 379-B IPC at Police Station Machhiwara, Police District Khanna, and all subsequent proceedings arising therefrom, 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 High Court within one week from today, failing which this petition shall be deemed to be dismissed.

Disposed of accordingly.

List on 13.09.2018, for production of receipt with regard to deposit of aforesaid costs.

(Ramendra Jain) August 28, 2018 Judge R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No RAVINDER SINGH 2018.08.30 11:13 I attest to the accuracy and authenticity of this document