Pawan And Another v. State Of Punjab And Another

CRM-M-34067 of 2017 (O&M) --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-34067 of 2017 (O&M) DATE OF DECISION:-20.11.2018 PAWAN AND ANR.

...PETITIONERS...

V.

STATE OF PUNJAB AND ORS.

...RESPONDENTS...

CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN

Present:

Mr. Manoj Sharma, Advocate for Mr. Ritesh Pandey, Advocate for the petitioners. Mr. Davinder Bir Singh, DAG, Punjab.

None for respondents No.2 to 5.

***** RAMENDRA JAIN, J. (ORAL) CRM-40476-2018 Through this application under Section 482 Cr.P.C., prayer has been made for correction in the name of respondents No.2 and 3. Heard.

Application is allowed and name of respondent No.2 be read as "Bhupinder Singh" instead of "Rupinder Singh" and name of respondent No.3 be read as "Harinderpal Singh" instead of "Harinder Singh". Amended memo of parties is taken on record.

Main case Prayer in the instant petition under Section 482 Cr.P.C. has been made for quashing FIR No.157 dated 10.10.2016, registered under Section 353, 341, 506, 186 and 379-B IPC at Police Station City Gurdaspur, District Gurdaspur (P-1) along with all subsequent proceedings arising therefrom, on the basis of compromise (P-2). SONIKA 2018.11.22 12:23 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-34067 of 2017 (O&M) --2-- Pursuant to earlier order dated 09.11.2017 of this Court, the parties appeared before the trial Court on 28.11.2017 to get their statements recorded. Learned Additional District and Sessions Judge, Gurdaspur has submitted his report vide letter bearing No.840 dated 01.12.2017 duly forwarded by learned District and Sessions Judge, Gurdaspur, vide letter bearing No.20141/RKT dated 04.12.2017. According to the report, ld. Additional District and Sessions Judge, Gurdaspur, is satisfied that the compromise has been arrived at between the parties on their own free will and the same is genuine one. Considering the report of learned Additional District and Sessions Judge, Gurdaspur, dated 01.12.2017 and the fact that the compromise will bring peace and harmony in relations between the parties, aforesaid FIR No.

157 dated 10.10.2016 along with all subsequent proceedings arising therefrom, are quashed, 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 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 18.12.2018, for production of receipt with regard to deposit of aforesaid costs.

20.11.2018 (RAMENDRA JAIN) sonika JUDGE whether speaking/reasoned:

Yes/No whether reportable:

Yes/No SONIKA 2018.11.22 12:23 I attest to the accuracy and authenticity of this document Chandigarh