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High Court of Punjab and HaryanaCRM-M/3477/2018allowed

Damanpreet Singh And Others v. State Of Punjab And Others

2018-08-24Mr. Justice Ramendra Jain2 pages

-1CRM-M-3477 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-3477 of 2018 Date of Decision:24.08.2018 Damanpreet Singh and others ....Petitioners

Versus

State of Punjab and others ....Respondents CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - Mr. Vipin Mahajan, Advocate, for the petitioners. Mr. Amandeep S. Gill, DAG, Punjab.

Mr. Vishal Munjal, Advocate, for respondents No.2 and 3. RAMENDRA JAIN, J. (ORAL) Prayer in the instant petition under Section 482 Cr.P.C. has been made for quashing FIR No.86 dated 31.07.2015 (Annexure P-1) registered under Sections 452, 326, 325, 324, 323, 148 and 149 IPC at Police Station Dhariwal, District Gurdaspur, Punjab, on the basis of compromise dated 18.11.2017 (Annexure P-2).

Pursuant to order dated 29.01.2018 of this Court, the parties appeared before the trial Court/Illaqa Magistrate on 06.02.2018 to get their statements recorded. Learned Judicial Magistrate Ist Class, Gurdaspur, has submitted his report vide letter bearing No.308, dated 17.03.2018 duly forwarded by learned District and Sessions Judge, Gurdaspur, vide Endst. No.6403/RKT, dated 17.03.2018.

According to the report, learned Judicial Magistrate Ist Class, Gurdaspur, is satisfied that compromise entered into between the parties is valid and genuine and no accused has been declared as proclaimed offender. RAVINDER SINGH 2018.08.24 17:53 I attest to the accuracy and authenticity of this document Considering the report of learned Judicial Magistrate Ist Class,

-2CRM-M-3477 of 2018 Gurdaspur, dated 17.03.2018 and the fact that the compromise will bring peace and harmony in relations between the parties, aforesaid FIR No.86 dated 31.07.2015 (Annexure P-1) registered under Sections 452, 326, 325, 324, 323, 148 and 149 IPC at Police Station Dhariwal, District Gurdaspur, Punjab, and all subsequent proceedings arising therefrom, 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 High Court within one week from today, failing which this petition shall be deemed to be dismissed.

Disposed of accordingly.

List on 05.09.2018, for production of receipt with regard to deposit of aforesaid costs.

(RAMENDRA JAIN) August 24, 2018 JUDGE R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No RAVINDER SINGH 2018.08.24 17:53 I attest to the accuracy and authenticity of this document