Jaswinder Singh @ Babbi v. State Of Punjab & Others

CRM-M-23108-2018 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-23108-2018 Date of decision: 29.08.2018 Jaswinder Singh @ Babbi ..... Petitioner

Versus

State of Punjab and others ..... Respondents

CORAM:

HON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Mr. Sandeep Chopra, Advocate for the petitioner. Mr. Davinder Bir Singh, DAG, Punjab.

RAMENDRA JAIN, J. (ORAL) 1.

Through this petition under Section 482 Cr.P.C., prayer has been made for quashing FIR No. 297 dated 19.12.2017 (Annexure P-1) registered under Sections 420 and 506 IPC at Police Station Shimapuri, District Ludhiana and all subsequent proceedings arising therefrom, on the basis of compromise dated 05.02.2018 (Annexure P-2), effected between the parties.

2.

Vide order dated 09.07.2018, the parties were directed to appear before the trial Court/Illaqa Magistrate within two weeks, 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, Ludhiana and got recorded their statements qua compromise on 16.07.2018. Report from the learned Judicial Magistrate Ist Class, Ludhiana vide letter No. 650 dated 27.08.2018 duly forwarded by the RISHU KATARIA 2018.09.01 12:28 I attest to the accuracy and integrity of this document

CRM-M-23108-2018 -2District and Sessions Judge, Ludhiana, vide letter No. 717/EC dated 27.08.2018 has been received. According to the report of learned Judicial Magistrate Ist Class, Ludhiana, the compromise arrived at between the parties is volunteered and genuine.

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. 297 dated 19.12.2017 (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 14.09.2018, for production of receipts regarding deposit of costs.

August 29, 2018 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No RISHU KATARIA 2018.09.01 12:28 I attest to the accuracy and integrity of this document