Chander Parkash v. Ut Of Chandigarh And ANR

CRM-M-41904-2017 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-41904-2017 Date of decision: 29.08.2018 Chander Parkash ..... Petitioner

Versus

U.T. Chandigarh and another ..... Respondents

CORAM:

HON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Mr. Amaninder Preet, Advocate for the petitioner. Mr. Kr. Yashwant Singh Rathore, Addl. PP for U.T. Chandigarh.

Mr. AP Singh, Advocate for Mr. Hitesh Mittal, Advocate for 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. 0269 dated 02.09.2017 (Annexure P-1) registered under Section 304-A IPC at Police Station Sector-31, Chandigarh and all subsequent proceedings arising therefrom, on the basis of compromise dated 02.09.2017 (Annexure P-2), effected between the parties. 2.

Reply filed by learned Addl. P.P. for U.T. Chandigarh on behalf of respondent No. 1 is taken on record. Office to tag the same at the appropriate place.

3.

Learned State counsel assisted by learned counsel for respondent No. 2 submit that a compromise has been effected between the parties and they have no objection, if, the impugned FIR (Annexure P-1) is RISHU KATARIA 2018.09.05 18:35 I attest to the accuracy and integrity of this document

CRM-M-41904-2017 -2quashed.

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. 0269 dated 02.09.2017 (Annexure P-1) and all subsequent proceedings arising therefrom, qua the petitioner 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 14.09.2018, for production of receipts regarding deposit of costs.

August 29, 2018 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No RISHU KATARIA 2018.09.05 18:35 I attest to the accuracy and integrity of this document