Gurjeet Singla @ Gaggu And ANR v. State Of Punjab And ORS

CRM-M-46459-2018 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-46459-2018 Date of decision: 22.11.2018 Gurjeet Singla @ Gaggu and another ..... Petitioners

Versus

State of Punjab and others ..... Respondents

CORAM:

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

Mr. AS Bhatti Advocate for respondents No. 2 and 3. RAMENDRA JAIN, J. (ORAL) Power of attorney filed on behalf of respondents No. 2 and 3 is taken on record. Office to tag the same at the appropriate place. Through this petition under Section 482 Cr.P.C., prayer has been made for quashing FIR No. 19 dated 13.01.2016 (Annexure P-1) registered under Sections 452, 323, 506 and 427 IPC at Police Station City Barnala, District Barnala and all subsequent proceedings arising therefrom on the basis of compromise dated 05.06.2018 (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 RISHU KATARIA 2018.11.28 14:37 I attest to the accuracy and integrity of this document

CRM-M-46459-2018 -2Magistrate, to furnish a report qua veracity of the compromise. Consequently, parties appeared before the Chief Judicial Magistrate, Barnala and got recorded their statements qua compromise on 14.11.2018. Report from the Chief Judicial Magistrate, Barnala, vide letter No. 1906 dated 16.11.2018, duly forwarded by the District and Sessions Judge, Barnala, vide Endst. No. 6622/EB dated 19.11.2018, has been received. According to the report of the Chief Judicial Magistrate, Barnala, the compromise effected between the parties is genuine, without any pressure or undue 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. 19 dated 13.012016 (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 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 14:37 I attest to the accuracy and integrity of this document