High Court of Punjab and HaryanaCRM-M/23449/2018disposed of

Sohan Lal And ORS v. State Of Punjab And ORS

2018-11-12Lok Adalat Bench - 12 pages

CRM-M-23449-2018 (O&M) -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-23449-2018 (O&M) Date of decision: 12.11.2018 Sohan Lal and others ..... Petitioners

Versus

State of Punjab and others ..... Respondents

CORAM:

HON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Mr. GS Sandhu, Advocate for the petitioners. Mr. Davinder Bir Singh, DAG, Punjab.

None for respondents No. 2 to 4.

RAMENDRA JAIN, J. (ORAL) Through this petition under Section 482 Cr.P.C., prayer has been made for quashing FIR No. 0116 dated 22.04.2016 (Annexure P-1) registered under Section 306 IPC at Police Station Zirakpur, District SAS Nagar, and all subsequent proceedings arising therefrom on the basis of compromise dated 03.10.2016 (Annexure P-2), effected between the parties. Vide orders dated 29.05.2018, 14.09.2018 and 25.10.2018, 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. Consequently, parties appeared before the Judicial Magistrate Ist Class, Dera Bassi and got recorded their statements qua compromise on RISHU KATARIA 2018.11.17 15:34 I attest to the accuracy and integrity of this document

CRM-M-23449-2018 (O&M) -205.11.2018. Report from the the Judicial Magistrate Ist Class, Dera Bassi vide letter No 1068 dated 05.11.2018, duly forwarded by Incharge District and Sessions Judge, SAS Nagar, vide Endst. No. 01 dated 08.11.2018 has been received. According to the report of the Judicial Magistrate Ist Class, Dera Bassi, the compromise effected between the parties is genuine, voluntary and without any undue pressure or threat from anyone. 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. 0116 dated 22.04.2016 (Annexure P-1) and all subsequent proceedings arising therefrom, qua the petitioners are quashed, subject to payment of costs of `10,000/-, out of which `3,000/- shall be deposited with the Bar Association, Punjab and Haryana High Court, Chandigarh and `7,000/- with the High Court Legal Services Authority, within a period of two weeks' from today, failing which this petition shall be deemed to be dismissed.

List on 14.12.2018, for production of receipts regarding deposit of costs.

November 12, 2018 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No RISHU KATARIA 2018.11.17 15:34 I attest to the accuracy and integrity of this document