Mangal Singh And Others v. State Of Punjab And Another

CRM-M-45578-2018 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-45578-2018 Date of decision: 20.11.2018 Mangal Singh and others ..... Petitioners

Versus

State of Punjab and another ..... Respondents

CORAM:

HON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Mr. Rakesh Kumar, Advocate for the petitioners. Mr. Davinder Bir Singh, DAG, Punjab.

Ms. Monika Mehta, Advocate for respondent No. 2. RAMENDRA JAIN, J. (ORAL) Through this petition under Section 482 Cr.P.C., prayer has been made for quashing FIR No. 334 dated 09.11.2017 (Annexure P-1) registered under Sections 452, 323, 506 and 427 read with Section 34 IPC at Police Station Kotwali, District Kapurthala and all subsequent proceedings arising therefrom on the basis of compromise Annexure P-2, effected between the parties.

Vide order dated 15.10.2018, the parties were directed to appear before the trial Court/Illaqa Magistrate, to get their statements recorded for compromise with a direction to the trial Court/Illaqa Magistrate, to furnish a report qua veracity of the compromise. Consequently, parties appeared before the Judicial Magistrate RISHU KATARIA 2018.11.22 17:02 I attest to the accuracy and integrity of this document

CRM-M-45578-2018 -2Ist Class, Kapurthala and got recorded their statements qua compromise on 31.10.2018. Report from the Judicial Magistrate Ist Class, Kapurthala, vide letter No. 1123 dated 13.11.2018, duly forwarded by the District and Sessions Judge, Kapurthala, vide Endst. No. 2078 dated 13.11.2018, has been received. According to the report of the Judicial Magistrate Ist Class, Kapurthala, the parties have entered into compromise voluntarily and the same is genuine.

In view of the totality of the facts and circumstances and considering the fact that the compromise will bring harmony and peace in relations between the parties, this petition is allowed and the aforesaid, FIR No. 334 dated 09.11.2017 (Annexure P-1) and all subsequent proceedings arising therefrom, qua the petitioners are quashed, subject to payment of costs of `10,000/-, out of which `3,000/- shall be deposited with the Bar Association, Punjab and Haryana High Court, Chandigarh and `7,000/- with the High Court Legal Services Authority, within a period of two weeks' from today, failing which this petition shall be deemed to be dismissed.

List on 18.12.2018, for production of receipts regarding deposit of costs.

November 20, 2018 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No RISHU KATARIA 2018.11.22 17:02 I attest to the accuracy and integrity of this document