Mastan Singh & ORS v. State Of Punjab & ANR

CRM-M-39921 of 2018 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-39921 of 2018 DATE OF DECISION:-15.11.2018 MASTAN SINGH AND ORS.

...PETITIONERS...

V.

STATE OF PUNJAB AND ANR.

...RESPONDENTS...

CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN

Present:

Mr. Malkeet Singh, Advocate, for the petitioners.

Mr. Aman Deep Singh, DAG, Punjab.

***** RAMENDRA JAIN, J. (ORAL) Prayer in the instant petition under Section 482 Cr.P.C. has been made for quashing FIR No.240 dated 23.12.2010, registered under Sections 420, 467, 468, 471 and 120-B IPC at Police Station Phillaur, District Jalandhar (P-1) along with all subsequent proceedings arising therefrom, on the basis of compromise (Annexure P-3). Pursuant to orders dated 12.09.2018 and 06.10.2018 of this Court, the parties appeared before the trial Court on 05.10.2018 to get their statements recorded. Learned Sub-Divisional Judicial Magistrate, Phillaur, District Jalandhar, has submitted her report vide letter bearing No.7737, dated 12.11.2018 duly forwarded by learned District and Sessions Judge, Jalandhar, vide letter bearing No.2577 dated 13.11.2018. SONIKA 2018.11.17 16:35 I attest to the accuracy and authenticity of this document Chandigarh According to the report, ld. Sub-Divisional Judicial Magistrate,

CRM-M-39921 of 2018 --2-- Phillaur, District Jalandhar, is satisfied that the compromise effected between them appears to be voluntary without any pressure or coercion and genuine one. No accused has been declared proclaimed offender. Considering the report of learned Sub-Divisional Judicial Magistrate, Phillaur, District Jalandhar, dated 12.11.2018 and the fact that the compromise will bring peace and harmony in relations between the parties, aforesaid FIR No.240 dated 23.12.2010 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 15.12.2018, for production of receipt with regard to deposit of aforesaid costs.

15.11.2018 (RAMENDRA JAIN) sonika JUDGE whether speaking/reasoned:

Yes/No whether reportable:

Yes/No SONIKA 2018.11.17 16:35 I attest to the accuracy and authenticity of this document Chandigarh