Amandeep Singh & ORS v. State Of Punjab & ANR

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: 13.09.2018 Amandeep Singh and others ..... Petitioners

Versus

State of Punjab and another ..... Respondents

CORAM:

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

Mr. HS Randhawa, Advocate for respondent No. 2. RAMENDRA JAIN, J. (ORAL) CRM-13637-2017 Through this application under Section 482 Cr.P.C., prayer has been made for addition of offences under Sections 324, 325 and 326 IPC in the main petition, as the trial Court had framed charges in the said case under Sections 323, 324, 325, 326, 148 and 149 IPC. Heard.

For the reasons mentioned in the application which is supported by an affidavit, the same is allowed. Offences under Sections 324, 325 and 326 IPC, are ordered to be added in the main petition. Registry is directed to carry out necessary corrections in the main petition. CRM-M-41794-2016 1.

Through this petition under Section 482 Cr.P.C., prayer has

-2been made for quashing FIR No. 73 dated 13.05.2008 (Annexure P-1) registered under Sections 323, 336, 148 and 149 IPC and Section 25 of the Arms Act at Police Station Julkan, District Patiala and all subsequent proceedings arising therefrom including amended charge-sheet dated 29.07.2016 framed against the petitioners under Sections 323, 324, 325, 326, 336, 148 and 149 IPC, on the basis of compromise dated 10.09.2016 (Annexure P-2), effected between the parties. 2.

Vide order dated 23.11.2016, parties were directed to appear before the Illaqa Magistrate/trial Court on 14.12.2016, to get their statements recorded for compromise with a direction to the Illaqa Magistrate/trial Court to furnish a report qua veracity of the compromise. 3.

Consequently, parties appeared before the Additional District and Sessions Judge, Patiala and got recorded their statements qua compromise on 14.12.2016. Report from the Additional District and Sessions Judge, Patiala, vide letter No. 277 dated 14.12.2016, duly forwarded by learned District and Sessions Judge, Patiala vide letter No. 8790/AL dated 19.12.2016, has been received. According to the report of the Additional District and Sessions Judge, Patiala, the compromise effected between the parties is genuine, voluntary and without any coercion or undue influence.

4.

In view of the totality of the facts and circumstances and considering the fact that the compromise will bring harmony and peace in relations between the parties, this petition is allowed and the aforesaid, FIR No. 73 dated 13.05.2008 (Annexure P-1) and all subsequent proceedings arising therefrom including amended charge-sheet dated 29.07.2016 framed against the petitioners under Sections 323, 324, 325,

-3326, 336, 148 and 149 IPC, qua the petitioners are quashed, subject to payment of costs of `10,000/-, out of which `8,000/- shall be deposited with the following account:- Account details:- Chief Minister's Distress Relief Fund.

Account Number :- 67319948232 Bank:- State Bank of India.

Branch:- City Branch, Thiruvananthapuram IFSC:- SBIN0070028 PAN:- AAAGD0584M Account Type:- Savings SWIFT Code:

SBININBBT08 and `2,000/- with the Bar Council of Punjab and Haryana, within 10 days from today, failing which this petition shall be deemed to be dismissed. 5.

List on 05.10.2018, for production of receipts regarding deposit of costs.

September 13, 2018 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No