Joga Singh And Others v. State Of Punjab And Others

CRM-M-43511 of 2018 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-43511 of 2018 DATE OF DECISION:-03.04.2019 JOGA SINGH AND ORS.

...PETITIONERS...

V.

STATE OF PUNJAB AND ORS.

...RESPONDENTS...

CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: Mr. BD Sharma, Advocate for the petitioners.

Mr. A.S. Gill, DAG, Punjab.

**** RAMENDRA JAIN, J. (ORAL) Prayer in the instant petition under Section 482 Cr.P.C. has been made for quashing FIR No.377 dated 13.09.2009, registered under Sections 323, 324, 325, 382, 148, 149 and 201 IPC, Police Station Sadar Amritsar, District Amritsar (P-1) and all subsequent proceedings arising therefrom, on the basis of compromise dated 30.08.2018 (P-2). Pursuant to order dated 03.10.2018 and subsequent order dated 18.12.2018, of this Court, parties appeared before the trial Court on 13.11.2018 as well as on 05.01.2019 for recording their statements. Learned Judicial Magistrate Ist Class, Amritsar, has submitted his reports vide letters bearing No.375 dated 15.11.2018 and No.2 dated 08.01.2019 duly forwarded by learned District and Sessions Judge, Amritsar, vide Endst. 11439R dated 17.11.2018 and No.293-R dated 11.01.2019. SONIKA 2019.04.03 18:26 I attest to the accuracy and authenticity of this document Chandigarh According to the reports, ld. Judicial Magistrate Ist Class,

CRM-M-43511 of 2018 --2-- Amritsar, is satisfied that compromise arrived at between the parties is genuine, voluntarily, with their free consent, without any fear, undue influence and pressure. Neither challan has been presented by the police under Section 201 IPC nor charge has been framed under the said section. In compliance of order dated 12.03.2019, original receipts regarding deposit of costs of `15,000/- have also been produced in Court today. The same are taken on record. Be tagged at appropriate place. Considering the report of ld. Judicial Magistrate Ist Class, Amritsar, dated 15.11.2018 and 08.01.2019 and the fact that the compromise will bring peace and harmony in relations between the parties, aforesaid FIR No.377 dated 13.09.2009 along with all subsequent proceedings arising therefrom, is quashed qua the petitioners only. Disposed of accordingly.

03.04.2019 (RAMENDRA JAIN) sonika JUDGE whether speaking/reasoned:

Yes/No whether reportable:

Yes/No SONIKA 2019.04.03 18:26 I attest to the accuracy and authenticity of this document Chandigarh