Upkar Singh And Others v. State Of Punjab And ANR

CRM-M-4531 of 2018 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-4531 of 2018 DATE OF DECISION:-24.05.2019 UPKAR SINGH AND ORS.

...PETITIONERS...

V.

STATE OF PUNJAB AND ANR.

...RESPONDENTS...

CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN

Present:

Mr. Vikram Jeet Singh, Advocate, for the petitioners.

Mr. Hittan Nehra, Addl. A.G., Punjab.

Mr. Rajender Kumar, 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 of FIR No.5 dated 11.01.2018, under Sections 306 and 34 IPC, Police Station Bhaini Mian Khan, District Gurdaspur and all subsequent proceedings arising out of the same on the basis of compromise 25.01.2018 (P-2).

Pursuant to order dated 05.02.2018 of this Court, the parties appeared before the trial Court, to get their statements recorded. Learned Judicial Magistrate Ist Class, Gurdaspur, has submitted his report vide letter bearing No.51 dated 23.02.2018, duly forwarded by ld. District and Sessions Judge, Gurdaspur, vide Endst No.3360/RKT, dated 26.02.2018. SONIKA 2019.05.24 17:30 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-4531 of 2018 --2-- According to the report, ld. Judicial Magistrate Ist Class, Gurdaspur, is satisfied that the compromise was effected betwen the parties with free consent and without any pressure upon the complainant and same is genuine one.

In compliance of order dated 28.03.2019, photocopies of receipts qua deposit of costs have 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, Gurdaspur, dated 23.02.2018 and the fact that the compromise will bring peace and harmony in relations between the parties, aforesaid FIR No.5 dated 11.01.2018 along with all subsequent proceedings arising therefrom, is quashed qua the petitioners only.

Disposed of accordingly.

24.05.2019 (RAMENDRA JAIN) sonika JUDGE whether speaking/reasoned:

Yes/No whether reportable:

Yes/No SONIKA 2019.05.24 17:30 I attest to the accuracy and authenticity of this document Chandigarh