High Court of Punjab and HaryanaCRM-M/32795/2018disposed of

Stephen v. State Of Punjab And Another

2018-11-30Lok Adalat Bench - 12 pages

CRM-M-32795 of 2018 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-32795 of 2018 DATE OF DECISION:-30.11.2018 STEPHEN ...PETITIONER...

STATE OF PUNJAB AND ANR.

...RESPONDENTS...

CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN

Present:

Mr. Bhanu Pratap Singh, Advocate for the petitioner. Mr. Harpreet Multani, AAG, Punjab.

**** RAMENDRA JAIN, J. (ORAL) Prayer in the instant petition under Section 482 Cr.P.C. has been made for quashing FIR No.23 dated 07.02.2018, under Section 376 IPC, Police Station City Hoshiarpur, District Hoshiarpur (P-1) along with all subsequent proceedings arising therefrom, on the basis of compromise (P-2).

Pursuant to order dated 08.08.2018 of this Court, the complainant appeared before the trial Court on 09.08.2018 to get her statement recorded. Learned Additional District & Session Judge, Hoshiarpur has submitted her report vide letter bearing No.866 dated 30.11.2018 duly forwarded by learned District and Sessions Judge, Hoshiarpur, vide letter bearing No.41274 dated 30.11.2018. According to the report, ld. Additional District & Session Judge, Hoshiarpur, is satisfied that the compromise effected between the parties SONIKA 2018.12.01 12:02 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-32795 of 2018 --2-- appears to be voluntary, genuine, lawful and without any kind of pressure, undue influence etc. from any side. No accused has been declared proclaimed offender, Considering the report of learned Additional District & Session Judge, Hoshiarpur, dated 30.11.2018 and the fact that the compromise will bring peace and harmony in relations between the parties, aforesaid FIR No.23 dated 07.02.2018 along with all subsequent proceedings arising therefrom, are quashed qua the petitioner only, subject to payment of costs of `10,000/-, out of which `3,000/- shall be deposited with the Bar Association of Punjab and Haryana High Court and `7,000/- with the Prime Minister National Relief Fund within two weeks from today, failing which this petition shall be deemed to be dismissed. Disposed of accordingly.

List on 29.01.2019, for production of receipt with regard to deposit of aforesaid costs.

30.11.2018 (RAMENDRA JAIN) sonika JUDGE whether speaking/reasoned:

Yes/No whether reportable:

Yes/No SONIKA 2018.12.01 12:02 I attest to the accuracy and authenticity of this document Chandigarh