Harjit Singh v. State Of Punjab And Another

CRM-M-49775 of 2018 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-49775 of 2018 DATE OF DECISION:-15.12.2018 HARJIT SINGH ...PETITIONER...

V.

STATE OF PUNJAB AND ANR.

...RESPONDENTS...

CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN

Present:

Mr. Nitin Rathour, Advocate for Mr. B.S. Bhalla, Advocate for the petitioner. Mr. Harpreet Multani, AAG, Punjab.

None for respondent No.2.

**** RAMENDRA JAIN, J. (ORAL) Prayer in the instant petition under Section 482 Cr.P.C. has been made for quashing FIR No.0172 dated 05.08.2018, under Sections 336, 506 IPC and Sections 25/27 of the Arms, Act, 1959, Police Station city Moga, District Moga (P-1) along with all subsequent proceedings arising therefrom, on the basis of compromise (P-2).

Pursuant to order dated 14.11.2018 of this Court, parties appeared before the trial Court on 26.11.2018 to get their statements recorded. Learned Chief Judicial Magistrate, Moga has submitted his report vide letter bearing No.1198 dated 30.11.2018 duly forwarded by learned District and Sessions Judge, Moga, vide Endst. No.6432/EB dated 01.12.2018.

According to the report, ld. Chief Judicial Magistrate, Moga is SONIKA 2018.12.17 13:30 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-49775 of 2018 --2-- satisfied that compromise effected between the complainant and accused is genuine, without any pressure or undue influence. No accused has been declared proclaimed offender.

Considering the report of learned Chief Judicial Magistrate, Moga, dated 30.11.2018 and the fact that the compromise will bring peace and harmony in relations between the parties, aforesaid FIR No.0172 dated 05.08.2018 along with all subsequent proceedings arising therefrom, are quashed qua the petitioner only, subject to payment of costs of `15,000/-, out of which `2,000/- shall be deposited with the Bar Association of Punjab and Haryana High Court and `13,000/- with the Poor Patients' Welfare Fund of the Postgraduate Institute of Medical Education and Research (PGIMER), Chandigarh within three weeks from today, failing which this petition shall be deemed to be dismissed. Disposed of accordingly.

List on 04.02.2019, for production of receipt with regard to deposit of aforesaid costs.

15.12.2018 (RAMENDRA JAIN) sonika JUDGE whether speaking/reasoned:

Yes/No whether reportable:

Yes/No SONIKA 2018.12.17 13:30 I attest to the accuracy and authenticity of this document Chandigarh