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High Court of Punjab and HaryanaCRM-M/41584/2018allowed

Harsimranjit @ Prince And ORS v. State Of Punjab And ANR

2018-10-23Lok Adalat Bench - 12 pages

CRM-M-41584 of 2018 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-41584 of 2018 DATE OF DECISION:-23.10.2018 HARSIMRANJIT @ PRINCE AND ORS.

...PETITIONERS...

V.

STATE OF PUNJAB AND ANR.

...RESPONDENTS...

CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN

Present:

Mr. Siddharth Sharma, Advocate, for the petitioners.

Mr. Amandeep Singh Gill, DAG, Punjab.

Mr. Sanjeev Kumar, 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 of FIR No.161 dated 10.07.2018, registered under Sections 308, 323, 148 and 149 IPC at Police Station City Kapurthala, District Kapurthala (Annexure P-1) and all subsequent proceedings arising therefrom, on the basis of compromise (Annexure P-2).

Pursuant to order dated 20.09.2018 of this Court, the parties appeared before the trial Court on 28.09.2018 to get their statements recorded. Learned Chief Judicial Magistrate, Kapurthala, has submitted his report vide letter bearing No.375, dated 12.10.2018 duly forwarded by learned District and Sessions Judge, Kapurthala, vide Endst SONIKA 2018.10.25 11:53 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-41584 of 2018 --2-- No.1890, dated 16.10.2018.

According to the report, learned Chief Judicial Magistrate, Kapurthala is satisfied that compromise has been effected amicably, is genuine and without any threat, coercion or pressure. No accused has been declared proclaimed offender.

Considering the report of learned Chief Judicial Magistrate, Kapurthala, dated 12.10.2018 and the fact that the compromise will bring peace and harmony in relations between the parties, aforesaid FIR No.161 dated 10.07.2018 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