Jaswinder Singh And ANR v. Amaldev Singh Dhaliwal

CRM-M-44057 of 2017 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-44057 of 2017 DATE OF DECISION:-29.10.2018 JASWINDER SINGH AND ANR.

...PETITIONERS...

V.

AMALDEV SINGH DHALIWAL ...RESPONDENT...

CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN

Present:

Mr. J.S. Ghuman, Advocate, for the petitioners.

Mr. Neeraj Madaan, Advocate, for the respondent.

***** RAMENDRA JAIN, J. (ORAL) Prayer in the instant petition under Section 482 Cr.P.C. has been made for quashing of complaint No.10/3 dated 04.01.2006, under Section 340 Cr.P.C. decided on 11.04.2014 (Annexure P-1) and all subsequent proceedings arising therefrom, on the basis of compromise (Annexure P-3).

Pursuant to order dated 21.09.2018 of this Court, the parties appeared before the trial Court on 28.09.2018 to get their statements recorded. Learned Judicial Magistrate Ist Class, Phillaur, has submitted his report vide letter bearing No.7224, dated 26.10.2018. According to the report, learned Judicial Magistrate Ist Class, Phillaur is satisfied that compromise between the parties seems to be genuine, voluntary and without any coercion or undue influence. No SONIKA 2018.10.31 10:31 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-44057 of 2017 --2-- accused is declared proclaimed offender in this case. Considering the report of learned Judicial Magistrate Ist Class, Phillaur, dated 26.10.2018 and the fact that the compromise will bring peace and harmony in relations between the parties, aforesaid complaint No.10/3 dated 04.01.2006, under Section 340 Cr.P.C. (Annexure P-3) including that of judgment dated 11.04.2014 of the trial Court and all subsequent proceedings arising therefrom, are quashed, subject to payment of costs of `10,000/-, out of which `4,000/- shall be deposited with the Bar Association of Punjab and Haryana High Court, `1,000/- with the Bar Council of Punjab and Haryana and `5,000/- 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 28.11.2018, for production of receipt with regard to deposit of aforesaid costs.

29.10.2018 (RAMENDRA JAIN) sonika JUDGE whether speaking/reasoned:

Yes/No whether reportable:

Yes/No SONIKA 2018.10.31 10:31 I attest to the accuracy and authenticity of this document Chandigarh