Jarnail Singh v. State Of Punjab And ORS

CRM-M-51305 of 2018 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-51305 of 2018 DATE OF DECISION:-09.01.2019 JARNAIL SINGH ...PETITIONER...

V.

STATE OF PUNJAB AND ORS.

...RESPONDENTS...

CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN

Present:

Mr. Abhinav Singh, Advocate for Mr. SK Uppal, Advocate, for the petitioner.

Mr. Davinder Bir Singh, DAG, Punjab.

Mr. D. Dutta, Advocate, for respondents No.2 and 3.

**** RAMENDRA JAIN, J. (ORAL) Prayer in the instant petition under Section 482 Cr.P.C. has been made for quashing FIR No.0029 dated 25.02.2016, under Sections 279, 337, 338 and 427 IPC at Police Station Tanda, District Hoshiarpur, Punjab (P-1) along with all subsequent proceedings arising therefrom, on the basis of compromise (P-2).

Pursuant to order dated 22.11.2018 of this Court, parties appeared before the trial Court on 10.12.2018 to get their statements recorded. Learned Sub Divisional Judicial Magistrate, Dasuya has submitted his report vide letter bearing No.1158 dated 17.12.2018, duly forwarded by ld. District & Sessions Judge, Hoshiarpur vide letter bearing SONIKA 2019.01.10 16:25 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-51305 of 2018 --2-- No.43050 dated 13.12.2018.

According to the report, ld. Sub Divisional Judicial Magistrate, Dasuya, is satisfied that compromise has been arrived between them and same appears to be genuine, with their free will and without any pressure, coercion and undue influence.

Considering the report of learned Sub Divisional Judicial Magistrate, Dasuya, dated 17.12.2018 and the fact that the compromise will bring peace and harmony in relations between the parties, aforesaid FIR No.0029 dated 25.02.2016 along with all subsequent proceedings arising therefrom, are quashed qua the petitioner only, subject to payment of costs of `15,000/-, out of which `3,000/- shall be deposited with the Bar Association of Punjab and Haryana High Court and `12,000/- 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 22.02.2019, for production of receipt with regard to deposit of aforesaid costs.

09.01.2019 (RAMENDRA JAIN) sonika JUDGE whether speaking/reasoned:

Yes/No whether reportable:

Yes/No SONIKA 2019.01.10 16:25 I attest to the accuracy and authenticity of this document Chandigarh