Om Parkash & Others v. State Of Punjab & Another

CRM-M-43104 of 2018 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-43104 of 2018 DATE OF DECISION:-27.11.2018 OM PARKASH AND ORS.

...PETITIONERS...

V.

STATE OF PUNJAB AND ANR.

...RESPONDENTS...

CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN

Present:

Mr. Anil Kumar Lamdharia, Advocate for Mr. Gurpreet Singh Thind, Advocate for the petitioners. Mr. Harpreet Multani, AAG, Punjab.

**** RAMENDRA JAIN, J. (ORAL) Prayer in the instant petition under Section 482 Cr.P.C. has been made for quashing FIR No.145 dated 05.09.2018, under Sections 452, 323, 148, 506 and 427 IPC, Police Station Sri Muktsar Sahib (Annexure P-1) along with all subsequent proceedings arising therefrom, on the basis of compromise (Annexure P-2).

Pursuant to order dated 01.10.2018 of this Court, the parties appeared before the trial Court on 25.10.2018 to get their statements recorded. Learned Additional Chief Judicial Magistrate, Sri Muktsar Sahib has submitted his report vide letter bearing No.556 dated 26.10.2018 duly forwarded by learned District and Sessions Judge, Sri Muktsar Sahib, vide letter bearing No.3152/EB dated 30.10.2018. According to the report, ld. Additional Chief Judicial Magistrate, SONIKA 2018.11.28 12:44 I attest to the accuracy and authenticity of this document Chandigarh Sri Muktsar Sahib, is satisfied that compromise effected between the

CRM-M-43104 of 2018 --2-- parties appears to be genuine without any kind of coercion, undue influence or pressure. No person has been declared proclaimed offender, Considering the report of learned Additional Chief Judicial Magistrate, Sri Muktsar Sahib, dated 26.10.2018 and the fact that the compromise will bring peace and harmony in relations between the parties, aforesaid FIR No.145 dated 05.09.2018 along with all subsequent proceedings arising therefrom, are quashed qua the petitioners only, 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 Prime Minister National Relief Fund within two weeks from today, failing which this petition shall be deemed to be dismissed.

Disposed of accordingly.

List on 07.01.2019, for production of receipt with regard to deposit of aforesaid costs.

27.11.2018 (RAMENDRA JAIN) sonika JUDGE whether speaking/reasoned:

Yes/No whether reportable:

Yes/No SONIKA 2018.11.28 12:44 I attest to the accuracy and authenticity of this document Chandigarh