High Court of Punjab and HaryanaCRM-M/43404/2018disposed of

Ram Kumar v. Mange Ram & ORS

2018-11-13Lok Adalat Bench - 12 pages

CRM-M-43404 of 2018 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-43404 of 2018 DATE OF DECISION:-13.11.2018 RAM KUMAR ...PETITIONER...

MANGE RAM AND ANR.

...RESPONDENTS...

CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN

Present:

Mr. D.K. Aggarwal, Advocate, for the petitioner.

Mr. Ashwani Vaishnav, Advocate, for respondent No.1.

Mr. Yashwinder Singh, DAG, Haryana.

***** RAMENDRA JAIN, J. (ORAL) Prayer in the instant petition under Section 482 Cr.P.C. has been made for quashing Criminal Complaint No.111/2016 dated 08.04.2013, under Sections 193, 196, 420, 467, 468 and 471 IPC and judgment of conviction dated 09.03.2017 and order of sentence dated 10.03.2017 (P-2) along with all subsequent proceedings arising therefrom, on the basis of compromise (Annexure P-6).

Pursuant to order dated 05.10.2018 of this Court, the parties appeared before the trial Court on 18.10.2018 to get their statements recorded. Learned Sub Divisional Judicial Magistrate, Guhla, District Kaithal, has submitted his report vide letter bearing No.306 dated 18.10.2018 duly forwarded by learned District and Sessions Judge, SONIKA 2018.11.14 18:27 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-43404 of 2018 --2-- Kaithal, vide letter bearing No.4200, dated 25.10.2018. According to the report, learned Sub Divisional Judicial Magistrate, Guhla, District Kaithal, is satisfied that parties have voluntarily entered into the compromise. The said compromise/settlement is genuine and is not the result of any pressure or coercion in any manner. Considering the report of learned Sub Divisional Judicial Magistrate, Guhla, District Kaithal, dated 18.10.2018 and the fact that the compromise will bring peace and harmony in relations between the parties, aforesaid Criminal Complaint No.111/2016 dated 08.04.2013 and judgment of conviction dated 09.03.2017 and order of sentence dated 10.03.

2017 (P-2) 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