Amit Kumar And ORS v. State Of Haryana And ANR

CRM-M-23453 of 2018 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-23453 of 2018 DATE OF DECISION:-21.11.2018 AMIT KUMAR AND ORS.

...PETITIONERS...

V.

STATE OF HARYANA AND ANR.

...RESPONDENTS...

CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN

Present:

Mr. Sandeep Singh, Advocate for the petitioners. Mr. Surender Singh, AAG, Haryana.

Mr. Harish Bhardwaj, Advocate, for respondent No.2.

***** RAMENDRA JAIN, J. (ORAL) Prayer in the instant petition under Section 482 Cr.P.C. has been made for quashing FIR No.164 dated 22.02.2017, registered under Sections 419, 420, 120-B, 201 IPC and under Section 66(D) of Information Technology Act, 2000 at Police Station Gurgaon City, District Gurugram (P-1) along with all subsequent proceedings arising therefrom, on the basis of compromise (P-2).

Pursuant to orders dated 29.05.2018 and 17.10.2018 of this Court, the parties appeared before the trial Court on 03.11.2018 to get their statements recorded. Learned Civil Judge (Jr. Divn)-cum-Judicial Magistrate Ist Class, Gurugram has submitted her report vide letter bearing No.232 dated 14.11.2018 duly forwarded by learned District and SONIKA 2018.11.22 12:39 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-23453 of 2018 --2-- Sessions Judge, Gurugram, vide letter bearing No.2564/C-29 dated 17.11.2018.

According to the report, ld. Civil Judge (Jr. Divn.)-cum-Judicial Magistrate Ist Class, Gurugram, is satisfied that the compromise reached between the parties is out of their own free will and without any pressure or coercion. No accused has been declared proclaimed offender. Considering the report of learned Civil Judge (Jr. Divn)-cumJudicial Magistrate Ist Class, Gurugram, dated 14.11.2018 and the fact that the compromise will bring peace and harmony in relations between the parties, aforesaid FIR No.164 dated 22.02.2017 along with all subsequent proceedings arising therefrom, are quashed, subject to payment of costs of `10,000/-, out of which `3,000/- shall be deposited with the Bar Association of Punjab and Haryana High Court and `7,000/- with the Punjab and Haryana High Court Legal Services Committee within two weeks from today, failing which this petition shall be deemed to be dismissed.

Disposed of accordingly.

List on 19.12.2018, for production of receipt with regard to deposit of aforesaid costs.

21.11.2018 (RAMENDRA JAIN) sonika JUDGE whether speaking/reasoned:

Yes/No whether reportable:

Yes/No SONIKA 2018.11.22 12:39 I attest to the accuracy and authenticity of this document Chandigarh