High Court of Punjab and HaryanaCRM-M/46505/2016allowed

Kesro And Others v. State Of Haryana And Another

2018-07-12Mrs Justice Daya Chaudhary2 pages

-1CRM-M-46505 of 2016 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-46505 of 2016 (O&M) Date of Decision: 12.07.2018 Kesro and others ....Petitioners

Versus

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

RAMENDRA JAIN, J. (ORAL) Prayer in the instant petition under Section 482 Cr.P.C. has been made for quashing FIR No.44 dated 08.02.2016 (Annexure P-1) registered under Sections 406 and 420 IPC at Police Station Pehowa, District Kurukshetra, on the basis of compromise dated 30.09.2016 (Annexure P-2). Pursuant to order dated 30.01.2018 of this Court, the parties appeared before the trial Court/Illaqa Magistrate on 05.03.2018 to get their statements recorded. Learned Judicial Magistrate Ist Class, Pehowa, has submitted his report vide letter bearing No.904 dated 05.03.2018 duly forwarded by learned District and Sessions Judge, Kurukshetra vide letter No.936(J) dated 15.03.2018.

According to the report, learned Judicial Magistrate Ist Class, Pehowa, is satisfied that parties have effected the compromise voluntarily and without any pressure or coercion and the same is genuine. No P.O. Proceedings is pending against the accused persons. Ravinder Singh 2018.07.13 17:22 I attest to the accuracy and authenticity of this document Considering the report of learned Judicial Magistrate, Ist Class, Pehowa, and the fact that the compromise will bring peace and harmony in

-2CRM-M-46505 of 2016 (O&M) relations between the parties, FIR No.44 dated 08.02.2016 (Annexure P-1) registered under Sections 406 and 420 IPC at Police Station Pehowa, District Kurukshetra is hereby quashed, 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 21.8.2018 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