Bikramjit Singh v. State Of Punjab And ANR

CRM-M-25597-2018 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-25597-2018 Date of decision: 03.08.2018 Bikramjit Singh ..... Petitioner

Versus

State of Punjab and another ..... Respondents

CORAM:

HON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Mr. BS Jaswal, Advocate for the petitioner. Mr. AS Gill, DAG, Punjab.

Mr. Ankush Thakral, Advocate for respondent No. 2. RAMENDRA JAIN, J. (ORAL) 1.

Power of Attorney filed on behalf of respondent No. 2 is taken on record. Office to tag the same at the appropriate place. 2.

Through this petition under Section 482 Cr.P.C., prayer has been made for quashing FIR No. 74 dated 17.05.2016 (Annexure P-1) registered under Section 336 IPC and Section 25 of the Arms Act at Police Station Gate Hakima, Amritsar City and all subsequent proceedings arising therefrom, on the basis of compromise dated 01.06.2016 (Annexure P-2) effected between the parties.

3.

Vide orders dated 02.07.2018, 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.

4.

Consequently, parties appeared before the Judicial Magistrate Ist Class, Amristar and got recorded their statements qua compromise on Rishu Kataria 2018.08.06 15:28 I attest to the accuracy and authenticity of this document

CRM-M-25597-2018 -209.07.2018. Report from the Judicial Magistrate Ist Class, Amritsar, vide letter No. 198 dated 11.07.2018, duly forwarded by learned District and Sessions Judge, Amirtsar, vide Endst. No. 6449R dated Amritsar, the 13.07.2018, has been received. According to the report of the learned Judicial Magistrate Ist Class, Amritsar, the compromise effected between the parties is genuine and without any pressure or undue influence. 5.

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. 74 dated 17.05.2016 (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.

6.

List on 30.08.2018, for production of receipts regarding deposit of costs.

August 03, 2018 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No Rishu Kataria 2018.08.06 15:28 I attest to the accuracy and authenticity of this document