Vijay @ Vijender And ANR v. State Of Haryana And ANR

CRM-M-44835 of 2018 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-44835 of 2018 DATE OF DECISION:-14.11.2018 VIJAY @ VIJENDER AND ANR.

...PETITIONERS...

V.

STATE OF HARYANA AND ANR.

...RESPONDENTS...

CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN

Present:

Mr. Abhimanyu Singh, Advocate, for the petitioners.

Mr. Yashwinder Singh, DAG, Haryana.

Mr. Ankit Gautam, Advocate, for respondent No.2.

***** RAMENDRA JAIN, J. (ORAL) Prayer in the instant petition under Section 482 Cr.P.C. has been made for quashing FIR No.135, dated 22.08.2018, registered under Sections 323, 332, 353, 506 IPC and Section 3 of SC and ST (Prevention of Atrocities) Act, 1989 at Police Station Sohna, District Gurugram (P-1) along with all subsequent proceedings arising therefrom, on the basis of compromise (Annexure P-2).

Pursuant to order dated 10.10.2018 of this Court, the parties appeared before the trial Court on 17.10.2018 to get their statements recorded. Learned Sub-Divisional Judicial Magistrate-cum-Additional Civil Judge (Sr. Div.) Sohna, Gurugram, has submitted his report vide SONIKA 2018.11.16 13:03 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-44835 of 2018 --2-- letter bearing No.46, dated 26.10.2018 duly forwarded by learned District and Sessions Judge, Gurugram, vide letter bearing No.2481/C-29 dated 06.11.2018.

According to the report, ld. Sub-Divisional Judicial Magistratecum-Additional Civil Judge (Sr. Div.) Sohna, Gurugram, is satisfied that the compromise effected between them is genuine and has been arrived at without any undue influence or coercion. No accused has been declared proclaimed offender.

Considering the report of learned Sub-Divisional Judicial Magistrate-cum-Additional Civil Judge (Sr. Div.) Sohna, Gurugram, dated 26.10.2018 and the fact that the compromise will bring peace and harmony in relations between the parties, aforesaid FIR No.135, dated 22.08.2018 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.

14.11.2018 (RAMENDRA JAIN) sonika JUDGE whether speaking/reasoned:

Yes/No whether reportable:

Yes/No SONIKA 2018.11.16 13:03 I attest to the accuracy and authenticity of this document Chandigarh