Anzar Khan And ORS v. State Of Punjab And ANR

CRM-M-29826-2018 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-29826-2018 (O&M) Date of decision: 19.09.2018 Anzar Khan and others ..... Petitioners

Versus

State of Punjab and another ..... Respondents

CORAM:

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

RAMENDRA JAIN, J. (ORAL) 1.

Through this petition under Section 482 Cr.P.C., prayer has been made for quashing FIR No. 36 dated 06.06.2012 (Annexure P-1) registered under Sections 448, 506, 379 and 120-B IPC at Police Station Nayagaon, District SAS Nagar (Mohali) and all subsequent proceedings arising therefrom, on the basis of compromise Annexure P-2, effected between the parties.

2.

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. 3.

Consequently, parties appeared before the Judicial Magistrate Ist Class, SAS Nagar (Mohali) and got recorded their statements qua compromise on 25.07.2018. Report from the Judicial Magistrate Ist Class, SAS Nagar (Mohali), vide letter No. 1806 dated 06.09.2018, duly forwarded RISHU KATARIA 2018.09.21 17:48 I attest to the accuracy and integrity of this document

CRM-M-29826-2018 -2by the District and Sessions Judge, SAS Nagar, vide Endst. No. 9124 dated 07.09.2018, has been received. According to the report of the Judicial Magistrate Ist Class, SAS Nagar (Mohali), the compromise arrived at between the parties seems to be genuine and without any pressure or coercion.

4.

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. 36 dated 06.06.2012 (Annexure P-1) and all subsequent proceedings arising therefrom, qua the petitioner are quashed, subject to payment of costs of `10,000/-, out of which `4,000/- shall be deposited with the Bar Association, Punjab and Haryana High Court, Chandigarh; ` 1,000/- with the Bar Council of Punjab and Haryana and `5,000/- with the High Court Legal Services Authority, within a period of two weeks' from today, failing which this petition shall be deemed to be dismissed. 5.

List on 26.10.2018, for production of receipts regarding deposit of costs.

September 19, 2018 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No RISHU KATARIA 2018.09.21 17:48 I attest to the accuracy and integrity of this document