Satish Kumar & ORS v. Ut Of Chandigarh & ANR

CRM-M-42728 of 2018 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-42728 of 2018 DATE OF DECISION:-13.11.2018 SATISH KUMAR AND ORS.

...PETITIONERS...

V.

STATE OF UT., CHANDIGARH AND ANR. ...RESPONDENTS... CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN

Present:

Mr. J.S. Thind, Advocate, for the petitioners.

Mr. Anil Kumar Lamdharia, APP., UT Chandigarh. ***** RAMENDRA JAIN, J. (ORAL) Prayer in the instant petition under Section 482 Cr.P.C. has been made for quashing FIR No.141, dated 29.05.2017, registered under Sections 328, 323 and 34 IPC (P-1) at Police Station Sector 36, Chandigarh along with all subsequent proceedings arising therefrom, on the basis of compromise (Annexure P-2).

Pursuant to order dated 05.10.2018 of this Court, the parties appeared before the trial Court on 23.10.2018 to get their statements recorded. Learned Judicial Magistrate Ist Class, Chandigarh, has submitted her report vide Endst No.432, dated 26.10.2018 duly forwarded by learned District and Sessions Judge, Chandigarh, vide Endst No.DSJEC-2018/10809, dated 26.10.2018. SONIKA 2018.11.14 18:27 I attest to the accuracy and authenticity of this document Chandigarh According to the report, learned Judicial Magistrate Ist Class,

CRM-M-42728 of 2018 --2-- Chandigarh, is satisfied that statements regarding the compromise is made by them out of their own free-will and without any threat or coercion from any side. The compromise also appears to be voluntarily in nature. No accused has been declared proclaimed offender. Considering the report of learned Judicial Magistrate Ist Class, Chandigarh, dated 26.10.2018 and the fact that the compromise will bring peace and harmony in relations between the parties, aforesaid FIR No.141, dated 29.05.2017 along with all subsequent proceedings arising therefrom, are quashed, 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 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 15.12.2018, for production of receipt with regard to deposit of aforesaid costs.

13.11.2018 (RAMENDRA JAIN) sonika JUDGE whether speaking/reasoned:

Yes/No whether reportable:

Yes/No SONIKA 2018.11.14 18:27 I attest to the accuracy and authenticity of this document Chandigarh