Sukhdev Singh And ORS v. State Of Punjab And ORS

CRM-M-40705 of 2018 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-40705 of 2018 DATE OF DECISION:-30.11.2018 SUKHDEV SINGH AND ORS.

...PETITIONERS...

V.

STATE OF PUNJAB AND ORS.

...RESPONDENTS...

CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN

Present:

Mr. D.S. Malwai, Advocate for the petitioners. Mr. Harpreet Multani, AAG, Punjab.

**** RAMENDRA JAIN, J. (ORAL) Prayer in the instant petition under Section 482 Cr.P.C. has been made for quashing FIR No.44 dated 11.05.2013, under Section 435 IPC, Police Station Julkan, District Patiala (P-1) along with all subsequent proceedings arising therefrom, on the basis of compromise (P-2). Pursuant to order dated 17.09.2018 of this Court, the parties appeared before the trial Court on 02.11.2018 to get their statements recorded. Learned Judicial Magistrate Ist Class, Patiala has submitted her report vide letter bearing No.650 dated 06.11.2018 duly forwarded by learned District and Sessions Judge, Patiala, vide letter bearing No.5689 dated 16.11.2018.

According to the report, ld. Judicial Magistrate Ist Class, Patiala, is satisfied that the compromise is genuine, without any pressure or undue influence, but the same is outcome of their free will and volition. No SONIKA 2018.12.01 12:02 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-40705 of 2018 --2-- accused has been declared proclaimed offender, Considering the report of learned Judicial Magistrate Ist Class, Patiala, dated 06.11.2018 and the fact that the compromise will bring peace and harmony in relations between the parties, aforesaid FIR No.44 dated 11.05.2013 along with all subsequent proceedings arising therefrom, are quashed qua the petitioners only, 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 Prime Minister National Relief Fund within two weeks from today, failing which this petition shall be deemed to be dismissed. Disposed of accordingly.

List on 29.01.2019, for production of receipt with regard to deposit of aforesaid costs.

30.11.2018 (RAMENDRA JAIN) sonika JUDGE whether speaking/reasoned:

Yes/No whether reportable:

Yes/No SONIKA 2018.12.01 12:02 I attest to the accuracy and authenticity of this document Chandigarh