Amanjot Singh And ORS v. State Of Punjab And ANR

CRM-M-40269-2017 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-40269-2017 Date of decision: 01.08.2018 Amanjot Singh and others ..... Petitioners

Versus

State of Punjab and another ..... Respondents

CORAM:

HON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Mr. Ritesh Pandey, Advocate for the petitioners. Mr. Harpreet Multani, AAG, Punjab.

Mr. Manoj Kumar Sharma, Advocate for the respondent No. 2. RAMENDRA JAIN, J. (ORAL) 1.

Through this petition under Section 482 Cr.P.C., prayer has been made for quashing FIR No. 17 dated 29.03.2017 (Annexure P-1) registered under Sections 326, 323, 324 and 452 read with Section 34 IPC at Police Station Qilla Lal Singh, Tehsil and Police District Batala, District Gurdaspur and all subsequent proceedings arising therefrom, on the basis of compromise dated 02.10.2017 (Annexure P-2) effected between the parties. 2.

Vide orders dated 27.10.2017, parties were directed to appear before the trial Court on 15.11.2017, to get their statements recorded for compromise with a direction to the trial Court, to furnish a report qua veracity of the compromise.

3.

Consequently, parties appeared before the Judicial Magistrate Ist Class, Batala and got recorded their statements qua compromise on 15.11.2017. Report from the Judicial Magistrate Ist Class, Batala, vide letter No. 724 dated 30.11.2017, duly forwarded by learned Incharge Rishu Kataria 2018.08.03 16:03 I attest to the accuracy and authenticity of this document

CRM-M-40269-2017 -2District and Sessions Judge, Gurdaspur, vide Endst. No. 19991/RKT dated 01.12.2017, has been received. According to the report of the learned Judicial Magistrate Ist Class, Batala, the compromise effected between the parties is genuine, which is not the result of any pressure or coercion. 4.

In view of the totality of the facts and circumstances and considering the fact that the compromise will bring harmony in relations between the parties, this petition is allowed and the aforesaid FIR No. 17 dated 29.03.2017 (Annexure P-1) and all subsequent proceedings arising therefrom, qua the petitioners is quashed, subject to payment of costs of `10,000/-, out of which `6,000/- shall be deposited with the Punjab State Legal Services Authority and `4,000/- with the Bar Council of Punjab and Haryana, within two weeks from today, failing which this petition shall be deemed to be dismissed.

5.

List on 27.08.2018, for production of receipts regarding deposit of costs.

August 01, 2018 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No Rishu Kataria 2018.08.03 16:03 I attest to the accuracy and authenticity of this document