Raghvir Singh And ORS v. State Of Punjab And ANR

CRM-M-3863-2018 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-3863-2018 Date of decision: 27.08.2018 Raghvir Singh and others ..... Petitioners

Versus

State of Punjab and others ..... Respondents

CORAM:

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

Mr. Arun Kumar, Advocate for respondents No. 2 and 3. RAMENDRA JAIN, J. (ORAL) 1.

Through this petition under Section 482 Cr.P.C., prayer has been made for quashing FIR No. 0156 dated 18.07.2017 (Annexure P-1) registered under Sections 420 and 120-B IPC at Police Station Mandi Gobindgarh, District Fatehgarh Sahib and all subsequent proceedings arising therefrom, on the basis of compromise dated 22.01.2018 (Annexure P-2), effected between the parties. 2.

Vide order dated 01.02.2018, the parties were directed to appear before the Chief Judicial Magistrate/Illaqa Magistrate, Fatehgarh Sahib on 22.02.2018, to get their statements recorded for compromise with a direction to the Chief Judicial Magistrate/Illaqa Magistrate, Fatehgarh Sahib to furnish a report qua veracity of the compromise. 3.

Consequently, parties appeared before the Sub Divisional Judicial Magistrate, Amloh and got recorded their statements qua RISHU KATARIA 2018.08.30 10:54 I attest to the accuracy and integrity of this document

CRM-M-3863-2018 -2compromise on 22.02.2018. Report from the learned Sub Divisional Judicial Magistrate, Amloh, vide letter No. 146 dated 27.02.2018 duly forwarded by the District and Sessions Judge, Fatehgarh Sahib, vide letter No. 1156/E.B. Dated 27.02.2018 has been received. According to the report of learned Sub Divisional Judicial Magistrate, Amloh, the compromise effected between the parties is genuine, valid and is not the result of any pressure or coercion in any manner.

4.

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. 0156 dated 18.07.2017 (Annexure P-1) and all subsequent proceedings arising therefrom, qua the petitioners 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, within 10 days from today, failing which this petition shall be deemed to be dismissed. 5.

List on 12.09.2018, for production of receipts regarding deposit of costs.

August 27, 2018 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No RISHU KATARIA 2018.08.30 10:54 I attest to the accuracy and integrity of this document