High Court of Punjab and HaryanaCRM-M/48231/2018disposed of

Dalbiro @ Dabir Kaur And ORS v. State Of Punjab And ORS

2019-03-08Lok Adalat Bench - 12 pages

CRM-M-48231-2018 -1-

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

CRM-M-48231-2018 Date of Decision: 08.03.2019 Dalbiro @ Dabir Kaur and others .... Petitioners

Versus

State of Punjab and and others .... Respondents CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN

Present:

Mr. GS Simble, Advocate for the petitioners.

Mr. Davinder Bir Singh, DAG, Punjab.

Mr. IS Mann, Advocate for respondents No. 2 to 5. RAMENDRA JAIN, J. (ORAL) Prayer in the instant petition under Section 482 Cr.P.C. has been made for quashing FIR No. 57 dated 11.06.2017 (Annexure P-1) registered under Sections 452, 324, 323, 427, 148 and 149 IPC at Police Station Fatehgarh Churian, Police District Batala, District Gurdaspur and all subsequent proceedings arising therefrom, on the basis of compromise dated 06.09.2017 (Annexure P-2) effected in between the parties. Pursuant to order dated 31.10.2018 of this Court, the parties appeared before the Judicial Magistrate Ist Class, Batala, on 17.01.2019 to get their statements recorded. Learned Judicial Magistrate Ist Class, Batala, has submitted her report vide letter No. 21 dated 28.01.2019, duly forwarded by learned District and Sessions Judge, Gurdaspur, vide RISHU KATARIA 2019.03.14 18:23 I attest to the accuracy and integrity of this document

CRM-M-48231-2018 -2Endst. No. 1668 dated 29.01.2019.

According to the report, learned Judicial Magistrate Ist Class, Batala, is satisfied that compromise effected between the parties is genuine, which is not the result of any pressure or coercion. No accused has been declared as proclaimed offender.

In compliance of order dated 01.02.2019, original receipts regarding deposit of costs of ` 15,000/- have also been produced in Court today. The same are taken on record. Be tagged at appropriate place. Considering the report of Judicial Magistrate Ist Class, Batala, dated 28.01.2019 and deposit of costs as well as the fact that the compromise will bring peace and harmony in relations between the parties, aforesaid FIR No. 57 dated 11.06.2017 (Annexure P-1) along with all subsequent proceedings arising therefrom, is quashed qua the petitioners only.

Disposed of, accordingly March 08, 2019 (RAMENDRA JAIN) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No RISHU KATARIA 2019.03.14 18:23 I attest to the accuracy and integrity of this document