High Court of Punjab and HaryanaCRM-M/45790/2018disposed of

Sarwan Singh v. State Of Punjab And ANR

2018-11-20Lok Adalat Bench - 12 pages

CRM-M-45718-2018 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-45790-2018 Date of decision: 20.11.2018 Sarwan Singh ..... Petitioner

Versus

State of Punjab and another ..... Respondents

CORAM:

HON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Ms. Amandeep Kaur, Advocate for the petitioner. Mr. Davinder Bir Singh, DAG, Punjab.

Mr. PBS Goraya, 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. 0075 dated 18.09.2018 (Annexure P-2) registered under Section 420 IPC at Police Station Valtoha, District Tarn Taran and all subsequent proceedings arising therefrom on the basis of compromise dated 25.09.2018 (Annexure P-1), effected between the parties. Vide order dated 16.10.2018, the parties were directed to appear before the trial Court/Illaqa Magistrate within two weeks, 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 Ist Class, Patti and got recorded their statements qua compromise on RISHU KATARIA 2018.11.21 17:28 I attest to the accuracy and integrity of this document

CRM-M-45718-2018 -230.10.2018. Report from the the Judicial Magistrate Ist Class, Patti, vide letter No. 393 dated 03.11.2018, duly forwarded by the District and Sessions Judge, Tarn Taran, vide Endst. No. 6301-R dated 05.11.2018, has been received. According to the report of the Judicial Magistrate Ist Class, Patti, the compromise effected between the parties is genuine and without any influence.

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. 0075 dated 18.09.2018 (Annexure P-2) and all subsequent proceedings arising therefrom, qua the petitioner 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 2018.11.21 17:28 I attest to the accuracy and integrity of this document