← Library
High Court of Punjab and HaryanaCRM-M/22867/2018allowed

Kamaldeep Kaur v. State Of Punjab And ANR.

2018-07-16Lok Adalat Bench - 12 pages

CRM-M-22867-2018 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-22867-2018 Date of decision: 16.07.2018 Kamaldeep Kaur ..... Petitioner

Versus

State of Punjab and another ..... Respondents

CORAM:

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

Mr. Navjot Singh, 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. 27 dated 01.04.2018 (Annexure P-1), registered under Sections 380 and 457 IPC at Police Station Sadar, Sangrur and all subsequent proceedings arising therefrom, on the basis of compromise dated 08.05.2018 (Annexure P-2) effected between the parties. 2.

Vide order dated 25.05.2018, parties were directed to appear before the Illaqa Magistrate/trial Court on 06.06.2018, to get their statements recorded for compromise with a direction to the Illaqa Magistrate/trial Court, to furnish a report qua veracity of the compromise. 3.

Consequently, parties appeared before the Judicial Magistrate Ist Class, Sangrur (Duty) and got recorded their statements qua compromise on 06.06.2018. Report from the Judicial Magistrate Ist Class, Sangrur (Duty) vide letter No. 370 dated 07.06.2018, duly forwarded by learned District and Sessions Judge, Sangrur, vide Endst. No. 4087/EB dated Rishu Kataria 2018.07.19 15:15 I attest to the accuracy and authenticity of this document

CRM-M-22867-2018 -211.06.2018, has been received. According to the report of the learned Judicial Magistrate Ist Class, Sangrur (Duty), compromise effected between the parties seems to be genuine, voluntary and without any pressure, coercion or undue influence.

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. 27 dated 01.04.2018 (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 28.08.2018 for production of receipts regarding deposit of costs.

July 16, 2018 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No Rishu Kataria 2018.07.19 15:15 I attest to the accuracy and authenticity of this document