Harbhajan Singh And ORS v. State Of Punjab And ANR

CRM-M-29444 of 2017 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-29444 of 2017 DATE OF DECISION:-29.10.2018 HARBHAJAN SINGH AND ORS.

...PETITIONERS...

V.

STATE OF PUNJAB AND ANR.

...RESPONDENTS...

CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN

Present:

Mr. Naveen Sharma, Advocate for Mr. Rakesh Gupta, Advocate, for the petitioner.

Mr. Harpreet Mulwani, AAG, Punjab.

None for respondent No.2.

***** RAMENDRA JAIN, J. (ORAL) Prayer in the instant petition under Section 482 Cr.P.C. has been made for quashing FIR No.51 dated 26.08.2015, registered under Sections 420, 467, 468, 471 and 120-B IPC at Police Station Sanaur, District Patiala (Annexure P-1) and all subsequent proceedings arising therefrom, on the basis of compromise (Annexure P-2). Pursuant to order dated 21.09.2018 of this Court, the parties appeared before the trial Court on 20.10.2018 to get their statements recorded. Learned Judicial Magistrate Ist Class, Patiala, has submitted his report vide letter bearing No.577, dated 22.10.2018 duly forwarded by learned District and Sessions Judge, Patiala, vide letter bearing No.5246, dated 22.10.2018.

SONIKA 2018.11.28 15:18 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-29444 of 2017 --2-- According to the report, learned Judicial Magistrate Ist Class, Patiala is satisfied that compromise appears to be genuine, voluntary and without any coercion or undue influence. No proclamation proceedings are pending against either of the party in the present case. Considering the report of learned Judicial Magistrate Ist Class, Patiala, dated 22.10.2018 and the fact that the compromise will bring peace and harmony in relations between the parties, aforesaid FIR No.51 dated 26.08.2015 and all subsequent proceedings arising therefrom, are quashed, subject to payment of costs of `10,000/-, out of which `4,000/- shall be deposited with the Bar Association of Punjab and Haryana High Court, `1,000/- with the Bar Council of Punjab and Haryana and `5,000/- with the Punjab and Haryana High Court Legal Services Committee within two weeks from today, failing which this petition shall be deemed to be dismissed.

Disposed of accordingly.

List on 28.11.2018, for production of receipt with regard to deposit of aforesaid costs.

29.10.2018 (RAMENDRA JAIN) sonika JUDGE whether speaking/reasoned:

Yes/No whether reportable:

Yes/No SONIKA 2018.11.28 15:18 I attest to the accuracy and authenticity of this document Chandigarh