Sant Ram And ORS v. State Of Punjab And ORS

CRM-M-4287-2018 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-4287-2018 Date of decision: 18.08.2018 Sant Ram and others ..... Petitioners

Versus

State of Punjab and others ..... Respondents

CORAM:

HON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Mr. Salinder Kumar Saini, Advocate for Mr. Dhirinder Chopra, Advocate for the petitioners. Mr. Davinder Bir Singh, DAG, Punjab.

Mr. US Singhal, Advocate for Mr. BS Saini, Advocate for respondents No. 2 to 5. RAMENDRA JAIN, J. (ORAL) 1.

Through this petition under Section 482 Cr.P.C., prayer has been made for quashing FIR No. 32 dated 16.05.2012 (Annexure P-1) registered under Sections 325, 323 and 506 read with Section 34 IPC at Police Station Sanaur, District Patiala and all subsequent proceedings arising therefrom, on the basis of compromise dated 06.01.2018 (Annexure P-2), effected between the parties. 2.

Vide order dated 02.02.2018, the parties were directed to appear before the trial Court/Illaqa Magistrate on 17.02.2018, to get their statements recorded for compromise with a direction to the trial Court/Illaqa Magistrate, to furnish a report qua veracity of the compromise. 3.

Consequently, parties appeared before the Judicial Magistrate RISHU KATARIA 2018.08.20 12:46 I attest to the accuracy and integrity of this document

CRM-M-4287-2018 -2Ist Class, Patiala and got recorded their statements qua compromise on 19.03.2018. Report from the Judicial Magistrate Ist Class, Patiala, vide letter No. 105 dated 20.03.2018, duly forwarded by learned District and Sessions Judge, Patiala, vide letter No. 1351/AL dated 21.03.2018, has been received. According to the report of the learned Judicial Magistrate Ist Class, Patiala, the compromise arrived at 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. 32 dated 16.05.2012 (Annexure P-1) and all subsequent proceedings arising therefrom, qua the petitioners are quashed, subject to payment of costs of `10,000/-, out of which `6,000/- shall be deposited with the Punjab State Legal Services Authority and `4,000/- with the Bar Council of Punjab and Haryana, within two weeks from today, failing which this petition shall be deemed to be dismissed.

5.

List on 12.09.2018, for production of receipts regarding deposit of costs.

August 18, 2018 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No RISHU KATARIA 2018.08.20 12:46 I attest to the accuracy and integrity of this document