Narinder Sapen v. State Of Punjab And ORS

CRM-M-36268 of 2018 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-36268 of 2018 DATE OF DECISION:-01.11.2018 NARINDER SAPEN ...PETITIONER...

V.

STATE OF PUNJAB AND ORS.

...RESPONDENTS...

CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN

Present:

Mr. Bhupinder Kumar Gupta, Advocate, for the petitioner.

Mr. Harpreet Multani, AAG, Punjab.

***** RAMENDRA JAIN, J. (ORAL) Mr. Sanjeev Kumar, Advocate has appeared and filed power of attorney on behalf of respondents No.2 to 4 overtaking the earlier counsel without obtaining NOC. The same is taken on record. Be tagged at appropriate place.

Prayer in the instant petition under Section 482 Cr.P.C. has been made for quashing FIR No.66 dated 16.04.2018, registered under Sections 279, 337 and 427 IPC, at Police Station Phase 1, District SAS Nagar (Annexure P-1) and all subsequent proceedings arising therefrom, on the basis of compromise (Annexure P-2).

Pursuant to order dated 25.09.2018 of this Court, the parties appeared before the trial Court on 08.10.2018 to get their statements recorded. Learned Chief Judicial Magistrate, SAS Nagar, Mohali, has SONIKA 2018.11.02 18:25 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-36268 of 2018 --2-- submitted his report vide letter bearing No.99, dated 09.10.2018 duly forwarded by learned District and Sessions Judge, SAS Nagar Mohali, vide Endst No.16429, dated 11.10.2018.

According to the report, learned Chief Judicial Magistrate, SAS Nagar Mohali, is satisfied that compromise appears to be genuine without any pressure or undue influence. No accused has been declared proclaimed offender.

Considering the report of learned Chief Judicial Magistrate, SAS Nagar Mohali, dated 08.10.2018 and the fact that the compromise will bring peace and harmony in relations between the parties, aforesaid FIR No.66 dated 16.04.2018 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 01.12.2018, for production of receipt with regard to deposit of aforesaid costs.

01.11.2018 (RAMENDRA JAIN) sonika JUDGE whether speaking/reasoned:

Yes/No whether reportable:

Yes/No SONIKA 2018.11.02 18:25 I attest to the accuracy and authenticity of this document Chandigarh