Vijay @ Goldy v. State Of Haryana And ANR

CRM-M-46390-2018 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-46390-2018 Date of decision: 22.11.2018 Vijay @ Goldy ..... Petitioner

Versus

State of Haryana and another ..... Respondents

CORAM:

HON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Mr. Ajit Kumar Sharma, Advocate for Mr. RD Yadav, Advocate for the petitioner.

Mr. Surender Singh, AAG, Haryana.

Ms. Bhavna Grewal, 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. 512 dated 06.10.2018 (Annexure P-1) registered under Section 379-A IPC at Police Station Model Town, Rewari, District Rewari and all subsequent proceedings arising therefrom on the basis of compromise dated 15.10.2018 (Annexure P-2), effected between the parties.

Vide order dated 22.10.2018, 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 RISHU KATARIA 2018.11.28 15:49 I attest to the accuracy and integrity of this document

CRM-M-46390-2018 -2Ist Class, Rewari and got recorded their statements qua compromise on 31.10.2018. Report from the Judicial Magistrate Ist Class, Rewari, vide letter No. 481 dated 01.11.2018, duly forwarded by the District and Sessions Judge, Barnala, vide letter No. 12671 dated 01.11.2018, has been received. According to the report of the Judicial Magistrate Ist Class, Rewari, the compromise effected between the parties is genuine, without any pressure or coercion.

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. 512 dated 06.10.2018 (Annexure P-1) 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 Prime Minister's National Relief Fund, within a period of two weeks' from today, failing which this petition shall be deemed to be dismissed.

List on 19.12.2018, for production of receipts regarding deposit of costs.

November 22, 2018 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No RISHU KATARIA 2018.11.28 15:49 I attest to the accuracy and integrity of this document