Kulwinder Singh @ Rinku And ORS v. State Of Punjab And ANR

CRM-M-29825-2018 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-29825-2018 Date of decision: 30.08.2018 Kulwinder Singh @ Rinku and others ..... Petitioners

Versus

State of Punjab and another ..... Respondents

CORAM:

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

Mr. Deepak Choudhary, 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. 161 dated 15.08.2018 (Annexure P-1) registered under Section 379(b) IPC at Police Station Lalru, District SAS Nagar (Mohali) and all subsequent proceedings arising therefrom, on the basis of compromise dated 23.05.2018 (Annexure P-2), effected between the parties.

2.

Vakalatnama filed on behalf of respondent No. 2 is taken on record. Office to tag the same at the appropriate place. 3.

Vide order dated 18.07.2018, 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. 4.

Consequently, parties appeared before the Additional District RISHU KATARIA 2018.09.01 12:25 I attest to the accuracy and integrity of this document

CRM-M-29825-2018 -2and Sessions Judge, SAS Nagar (Mohali) and got recorded their statements qua compromise on 18.08.2018. Report from the Additional District and Sessions Judge, SAS Nagar (Mohali), vide letter No. 132 dated 23.08.2018, duly forwarded by the District and Sessions Judge, SAS Nagar, vide Endst. No. 8696 dated 27.08.2018 has been received. According to the report of the Additional District and Sessions Judge, SAS Nagar (Mohali), the compromise has been effected between the parties voluntarily. 5.

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. 161 dated 15.08.2018 (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 `8,000/- shall be deposited with the following account:- Account details:- Chief Minister's Distress Relief Fund.

Account Number :- 67319948232 Bank:- State Bank of India.

Branch:- City Branch, Thiruvananthapuram IFSC:- SBIN0070028 PAN:- AAAGD0584M Account Type:- Savings SWIFT Code:

SBININBBT08 and `2,000/- with the Bar Council of Punjab and Haryana, within 10 days from today, failing which this petition shall be deemed to be dismissed. 6.

List on 17.09.2018, for production of receipts regarding deposit of costs.

August 30, 2018 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No RISHU KATARIA 2018.09.01 12:25 I attest to the accuracy and integrity of this document