Kewal Singh And ORS v. State Of Punjab And ANR

CRM-M-38393-2018 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-38393-2018 Date of decision: 07.01.2019 Kewal Singh and others ..... Petitioners

Versus

State of Punjab and another ..... Respondents

CORAM:

HON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Mr. AS Saini, Advocate for the petitioners. Mr. AS Gill, DAG, Punjab.

Mr. Siddarth, Advocate for Mr. Ramnish Puri, Advocate for respondent No. 2. RAMENDRA JAIN, J. (ORAL) Learned counsel for the petitioners has produced duly attested photostat copy of receipt with regard to deposit of costs of ` 2000/-, pursuant to the order dated 26.11.2018. The same is taken on record. Be tagged at the appropriate place.

Through this petition under Section 482 Cr.P.C., prayer has been made for quashing FIR No. 21 dated 12.02.2015 (Annexure P-1) registered under Sections 420, 465, 467, 468 and 471 IPC at Police Station City Moga, District Moga and all subsequent proceedings arising therefrom, on the basis of compromise dated 27.08.2018 (Annexure P-2, Colly), effected between the parties.

Vide orders dated 25.10.2018 and 26.11.2018, the 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/Illaqa Magistrate, to furnish a report qua veracity of the compromise. RISHU KATARIA 2019.01.11 19:36 I attest to the accuracy and integrity of this document

CRM-M-38393-2018 -2Consequently, parties appeared before the Chief Judicial Magistrate, Moga and got recorded their statements qua compromise on 18.12.2018. Report from the Chief Judicial Magistrate, Moga, vide letter No. 1274 dated 21.12.2018, duly forwarded by the District and Sessions Judge, Moga, vide Endst. No. 01/EB dated 03.01.2019, has been received. According to the report of the Chief Judicial Magistrate, Moga, the compromise effected between the parties is genuine, without any pressure or undue influence.

In view of the totality of the facts and circumstances and considering the fact that the compromise will bring harmony and peace in relations between the parties, this petition is allowed and the aforesaid, FIR No. 21 dated 12.02.2015 (Annexure P-1) and all subsequent proceedings arising therefrom, qua the petitioners are quashed, subject to payment of costs of `15,000/-, out of which `3,000/- shall be deposited with the Bar Association, Punjab and Haryana High Court, Chandigarh and `12,000/- with the Poor Patients' Welfare Fund of the Post-Graduate Institute of Medical Education and Research (PGIMER), Chandigarh, within a period of one month from today, failing which this petition shall be deemed to be dismissed.

List on 12.02.2019, for production of receipts regarding deposit of costs.

January 07, 2019 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No RISHU KATARIA 2019.01.11 19:36 I attest to the accuracy and integrity of this document