Ajay Kumar Etc v. State Of Punjab & ANR

CRM-M-35780-2017 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-35780-2017 Date of decision: 23.10.2017 Ajay Kumar and others ..... Petitioners

Versus

State of Punjab and another ..... Respondents

CORAM:

HON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Mr. Navrattan Singh, Advocate for the petitioners. Mr. Rana Harjasdeep Singh, AAG, Punjab.

Ms. Harpreet Kaur, 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. 174 dated 30.09.2015 (Annexure P-1) registered under Sections 307, 323, 295-A, 120-B, 148, 149, 506 and 324 IPC and Section 25 of the Arms Act at Police Station Division No. 4, Ludhiana and all subsequent proceedings arising therefrom, on the basis of compromise dated 17.09.2017 (Annexure P-2) effected between the parties. 2.

Vide order dated 25.09.2017, parties were directed to appear before the trial Court/Illaqa Magistrate, to get their statements recorded for compromise with a direction to the trial Court to furnish a report qua veracity of the compromise.

3.

Consequently, parties appeared before the Judicial Magistrate Ist Class, Ludhiana and got recorded their statements qua compromise. Report from the Judicial Magistrate Ist Class, Ludhiana, vide letter No. 1543 dated 17.10.2017, duly forwarded by learned District and Sessions Rishu Kataria 2017.10.25 12:11 I attest to the accuracy and authenticity of this document

CRM-M-35780-2017 -2Judge, Ludhiana, vide letter No. 2015/EC dated 17.10.2017, has been received. According to the report of the learned Judicial Magistrate Ist Class, Ludhiana, the compromise between the parties is without any pressure or coercion.

4.

Learned State counsel submits that the offence under Section 307 IPC has been deleted, after due enquiry.

5.

In view of the totality of the facts and circumstances and considering the fact that the compromise will bring harmony in relations between the parties, the petition is accepted and the aforesaid FIR No. 174 dated 30.09.2015 (Annexure P-1) and all subsequent proceedings arising therefrom, qua the petitioners, is quashed.

October 23, 2017 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No Rishu Kataria 2017.10.25 12:11 I attest to the accuracy and authenticity of this document