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High Court of Punjab and HaryanaCRM-M/39962/2018allowed

Sourabh Mehta v. State Of Punjab And Another

2018-10-23Lok Adalat Bench - 12 pages

CRM-M-39962 of 2018 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-39962 of 2018 DATE OF DECISION:-23.10.2018 SOURABH MEHTA ...PETITIONER...

V.

STATE OF PUNJAB AND ANR.

...RESPONDENTS...

CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN

Present:

Mr. Surinder Thakur, Advocate, for the petitioner.

Mr. Amandeep Singh Gill, DAG, Punjab.

Mr. Nitin Verma, Advocate, for respondent No.2.

***** RAMENDRA JAIN, J. (ORAL) Prayer in the instant petition under Section 482 Cr.P.C. has been made for quashing FIR No.77 dated 13.06.2018, registered under Sections 420, 465, 467, 468 and 471 IPC at Police Station Division No.2, District Pathankot (Annexure P-1) and all subsequent proceedings arising therefrom, on the basis of compromise (Annexure P-2).

Pursuant to order dated 13.09.2018 of this Court, the parties appeared before the trial Court on 05.10.2018 to get their statements recorded. Learned Judicial Magistrate Ist Class, Pathankot, has submitted his report vide letter bearing No.251, dated 06.10.2018 duly forwarded by learned District and Sessions Judge, Pathankot, vide SONIKA 2018.10.25 11:53 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-39962 of 2018 --2-- Endst No.2803, dated 06.10.2018.

According to the report, learned Judicial Magistrate Ist Class, Pathankot is satisfied that both the parties got recorded their statements voluntarily and out of free will with regard to the compromise. No accused has been declared proclaimed offender. Considering the report of learned Judicial Magistrate Ist Class, Pathankot, dated 06.10.2018 and the fact that the compromise will bring peace and harmony in relations between the parties, aforesaid FIR No.77 dated 13.06.2018 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 26.11.2018, for production of receipt with regard to deposit of aforesaid costs.

23.10.2018 (RAMENDRA JAIN) sonika JUDGE whether speaking/reasoned:

Yes/No whether reportable:

Yes/No SONIKA 2018.10.25 11:53 I attest to the accuracy and authenticity of this document Chandigarh