Vijaypal Singh And ORS v. State Of Punjab And ORS

CRM-M-41393 of 2018 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-41393 of 2018 DATE OF DECISION:-23.10.2018 VIJAYPAL SINGH AND ORS.

...PETITIONERS...

V.

STATE OF PUNJAB AND ORS.

...RESPONDENTS...

CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN

Present:

Mr. Sarbjit Singh Khaira, Advocate, for the petitioners.

Mr. Amandeep Singh Gill, DAG, Punjab.

***** RAMENDRA JAIN, J. (ORAL) Mr. Sukhmander Singh Sandhu, Advocate has appeared and filed vakalatnama on behalf of respondent No.4. The same is taken on record.

Prayer in the instant petition under Section 482 Cr.P.C. has been made for quashing of FIR No.136 dated 06.09.2017, registered under Sections 323, 341, 506, 148 and 149 IPC at Police Station Mataur, District SAS Nagar (Mohali) and all subsequent proceedings arising therefrom, on the basis of compromise. Pursuant to order dated 20.09.2018 of this Court, the parties appeared before the trial Court on 15.10.2018 to get their statements recorded. Learned Judicial Magistrate Ist Class, SAS Nagar (Mohali) has submitted his report vide letter bearing No.417, dated 16.10.2018 SONIKA 2018.10.25 11:53 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-41393 of 2018 --2-- duly forwarded by learned District and Sessions Judge, SAS Nagar Mohali, vide Endst No.10807, dated 18.10.2018. According to the report, learned Judicial Magistrate Ist Class, SAS Nagar (Mohali) is satisfied that compromise effected between the parties is genuine and voluntarily and without any pressure or undue influence. No accused has been declared proclaimed offender. Considering the report of learned Judicial Magistrate Ist Class, SAS Nagar (Mohali) dated 16.10.2018 and the fact that the compromise will bring peace and harmony in relations between the parties, aforesaid FIR No.136 dated 06.09.2017 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