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High Court of Punjab and HaryanaCRM-M/30134/2018allowed

Mangat Ram & ORS v. State Of Punjab And ANR.

2018-08-30Lok Adalat Bench - 12 pages

CRM-M-30134-2018 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-30134-2018 Date of decision: 30.08.2018 Mangat Ram and others ..... Petitioners

Versus

State of Punjab and another ..... Respondents

CORAM:

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

Mr. Munsih Raj Chaudhary, 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. 270 dated 09.09.2017 (Annexure P-1) registered under Sections 420 and 120-B IPC at Police station City Ferozepur, District Ferozepur and all subsequent proceedings arising therefrom, on the basis of compromise dated 03.07.2018 (Annexure P-2), effected between the parties.

2.

Vide order dated 19.07.2018, the parties were directed to appear before the trial Court/Illaqa Magistrate within two weeks, 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 Chief Judicial Magistrate, Ferozepur and got recorded their statements qua compromise on 23.07.2018. Report from the Chief Judicial Magistrate, Ferozepur, vide RISHU KATARIA 2018.09.01 12:25 I attest to the accuracy and integrity of this document

CRM-M-30134-2018 -2letter No. 262 dated 02.08.2018, duly forwarded by the District and Sessions Judge, Ferozepur, vide letter No. 8723/EB dated 03.08.2018 has been received. According to the report of the Chief Judicial Magistrate, Ferozepur, the parties have entered into a valid and genuine compromise, which is voluntarily and bonafide, and out of free will of the parties, without any pressure or undue influence.

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. 270 dated 09.09.2017 (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. 5.

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