Kashmir Singh v. State Of Punjab And ANR

CRM-M-25138-2017 (O&M) -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-25138-2017 (O&M) Date of decision: 01.08.2018 Kashmir Singh ..... Petitioner

Versus

State of Punjab and another ..... Respondents

CORAM:

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

Mr. Sanjiv Kumar, Advocate for Mr. Munish Puri, 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. 61 dated 27.07.2014 (Annexure P-1) registered under Sections 420, 406 and 120-B IPC at Police Station Division-I, Tehsil and District Pathankot and all subsequent proceedings arising therefrom, on the basis of compromise dated 08.05.2017 (Annexure P-2) effected between the parties.

2.

Vide orders dated 07.05.2018, parties were directed to appear before the Area Magistrate up to 05.07.2018, to get their statements recorded for compromise with a direction to the Area Magistrate, to furnish a report qua veracity of the compromise.

3.

Consequently, parties appeared before the Chief Judicial Magistrate (Duty), Pathankot and got recorded their statements qua compromise on 05.07.2018. Report from the Chief Judicial Magistrate Rishu Kataria 2018.08.03 16:03 I attest to the accuracy and authenticity of this document

CRM-M-25138-2017 (O&M) -2- (Duty), Pathankot, vide letter No. 618 dated 09.07.2018, duly forwarded by learned District and Sessions Judge, Pathankot, vide Endst. No. 1822 dated 10.07.2018, has been received. According to the report of the learned Chief Judicial Magistrate (Duty), Pathankot, the compromise effected between the parties is not result of any pressure or coercion or undue influence and the same is voluntary.

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. 61 dated 27.07.2014 (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 27.08.2018, for production of receipts regarding deposit of costs.

August 01, 2018 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No Rishu Kataria 2018.08.03 16:03 I attest to the accuracy and authenticity of this document