Gurmukh Singh And ORS v. State Of Punjab And ANR

CRM-M-27003-2018 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-27003-2018 Date of decision: 01.08.2018 Gurmukh Singh and others ..... Petitioners

Versus

State of Punjab and another ..... Respondents

CORAM:

HON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Mr. Vaibhav Narang, Advocate for the petitioners. Mr. Harpreet Multani, AAG, Punjab.

Mr. Subhash Chand, Advocate for the 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. 48 dated 15.04.2018 (Annexure P-2) registered under Sections 295 and 506 read with Section 34 IPC at Police Station Lopoke, District Amritsar Rural and all subsequent proceedings arising therefrom, on the basis of compromise dated 27.06.2018 (Annexure P-1) effected between the parties.

2.

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.

3.

Consequently, parties appeared before the Judicial Magistrate Ist Class, Ajnala and got recorded their statements qua compromise on 09.07.2018. Report from the Judicial Magistrate Ist Class, Ajnala, vide letter No. 124 dated 09.07.2018, duly forwarded by learned District and Rishu Kataria 2018.08.03 16:03 I attest to the accuracy and authenticity of this document

CRM-M-27003-2018 -2Sessions Judge, Amirtsar, vide Endst. No. 6604R dated Amritsar, the 17.07.2018, has been received. According to the report of the learned Judicial Magistrate Ist Class, Ajnala, the compromise effected between the parties is bona fide and without any pressure, coercion, undue influence rather made voluntarily.

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. 48 dated 15.04.2018 (Annexure P-2) and all subsequent proceedings arising therefrom, qua the petitioners 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