Ashok Kumar & ORS v. State Of Haryana And ANR

-1CRM-M-46162 of 2016

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-46162 of 2016 Date of Decision: 12.07.2018 Ashok Kumar and others ....Petitioners

Versus

State of Haryana and another ....Respondents CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - Mr. Karan Garg, Advocate, for Mr. Rahul Deswal, Advocate, for the petitioners. Mr. Kuldip Sharma, DAG, Haryana.

RAMENDRA JAIN, J. (ORAL) In compliance of order dated 22.01.2018, learned counsel for the petitioner has produced receipt of `2,000/- deposited as costs with the Haryana State Legal Services Authority. The same is taken on record. Prayer in the instant petition under Section 482 Cr.P.C. has been made for quashing FIR No.468 dated 10.09.2009 (Annexure P-1) registered under Sections 406, 420, 467, 468, 471, 506 and 120-B IPC at Police Station Sadar Karnal, District Karnal, on the basis of compromise dated 25.11.2016 (Annexure P-4).

Pursuant to order dated 19.04.2017 of this Court, the parties appeared before the trial Court/Illaqa Magistrate on 10.05.2017 to get their statements recorded. Learned Additional Chief Judicial Magistrate, Karnal, has submitted his report vide letter bearing No.190 dated 15.06.2017 duly forwarded by learned District and Sessions Judge, Karnal vide letter No.8701 dated 15.06.2017.

Ravinder Singh 2018.07.13 17:22 I attest to the accuracy and authenticity of this document According to the report, learned Additional Chief Judicial

-2CRM-M-46162 of 2016 Magistrate, Karnal, is satisfied that parties have settled the matter voluntarily and without any pressure, threat or coercion from any quarter. It is further reported that apart from petitioners other persons named in the present FIR, namely, Salva, Saga, Devgan, Satbir, Malvin, Parkash and Prabhu have not been arrested till date and accused Kazi Mohd. has been declared proclaimed offender vide order dated 28.08.2014. Considering the report of learned Additional Chief Judicial Magistrate, Karnal, and the fact that the compromise will bring peace and harmony in relations between the parties, FIR No.468 dated 10.09.2009 (Annexure P-1) registered under Sections 406, 420, 467, 468, 471, 506 and 120-B IPC at Police Station Sadar Karnal, District Karnal is hereby quashed qua petitioners only, subject to payment of costs of `10,000/-, out of which `6,000/- shall be deposited with the Haryana State Legal Services Authority and `4,000/- with the Bar Council of Punjab and Haryana. Petition is disposed of accordingly.

List on 20.8.2018 for production of receipt with regard to deposit of aforesaid costs.

(RAMENDRA JAIN) July 12, 2018 JUDGE R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No Ravinder Singh 2018.07.13 17:22 I attest to the accuracy and authenticity of this document