Anju Rani And ANR v. State Of Punjab And ANR

CRM-M-31496-2018 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-31496-2018 Date of decision: 11.09.2018 Anju Rani and another ..... Petitioners

Versus

State of Punjab and another ..... Respondents

CORAM:

HON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Ms. Anupam Bhanot, Advocate for the petitioners. Mr. AS Gill, DAG, Punjab.

Mr. Gagan Sharma, 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. 16 dated 21.01.2018 (Annexure P-1) registered under Sections 420 and 120-B IPC at Police Station Urban Estate, District Patiala and all subsequent proceedings arising therefrom, on the basis of compromise dated 20.03.2018 (Annexure P-2), effected between the parties.

2.

Vide order dated 26.07.2018, 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 Additional Chief Judicial Magistrate, Patiala and got recorded their statements qua compromise on 18.08.2018. Report from the Additional Chief Judicial RISHU KATARIA 2018.09.13 17:34 I attest to the accuracy and integrity of this document

CRM-M-31496-2018 -2Magistrate, Patiala, vide letter No.8595 dated 07.09.2018, duly forwarded by the District and Sessions Judge, Patiala, vide letter No. 4393/EB dated 07.09.2018 has been received. According to the report of the Additional Chief Judicial Magistrate, Patiala, compromise arrived at between the parties voluntarily, without any coercion or undue influence, which is genuine one and outcome of freewill of the parties. 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. 16 dated 21.01.2018 (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 `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 04.10.2018, for production of receipts regarding deposit of costs.

September 11, 2018 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No RISHU KATARIA 2018.09.13 17:34 I attest to the accuracy and integrity of this document