High Court of Punjab and HaryanaCRM-M/7880/2017disposed of

Gurwinder Singh @ Bagga & ORS v. State Of Punjab & ORS

2018-10-31Mrs Justice Daya Chaudhary2 pages

-1CRM-M-7880 of 2017

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-7880 of 2017 Date of Decision: 31.10.2018 Gurwinder Singh @ Bagga and others ....Petitioners

Versus

State of Punjab and others ....Respondents CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: Mr. Rohit Samhotra, Advocate, for the petitioners. Mr. Davinder Bir Singh, DAG, Punjab.

Mr. Siddharth Sharma, Advocate, for respondents No.2 to 4. RAMENDRA JAIN, J. (ORAL) Prayer in the instant petition under Section 482 Cr.P.C. has been made for quashing DDR No.31 dated 27.09.2016 in FIR No.125 dated 26.09.2016 (Annexure P-1) registered under Sections 323, 324, 341, 506, 148, 149 IPC and subsequently added Sections 325 and 326 IPC at Police Station Sadar, Kapurthala, and all subsequent proceedings arising therefrom, on the basis of compromise dated 25.11.2016 (Annexure P-3).

Pursuant to order dated 28.11.2017 of this Court, the parties appeared before the trial Court on 11.12.2017 to get their statements recorded. Learned Additional Chief Judicial Magistrate, Kapurthala, has submitted her report vide letter bearing No.121, dated 12.01.2018.

According to the report, learned Additional Chief Judicial RAVINDER SINGH 2018.11.03 12:38 I attest to the accuracy and authenticity of this document Magistrate, Kapurthala, is satisfied that parties have effected

-2CRM-M-7880 of 2017 compromise voluntarily and without any pressure. No accused has been declared proclaimed offender.

Considering the report of learned Additional Chief Judicial Magistrate, Kapurthala, dated 12.01.2018 and the fact that the compromise will bring peace and harmony in relations between the parties, aforesaid DDR No.31 dated 27.09.2016 and all subsequent proceedings arising therefrom, are quashed, subject to payment of costs of `10,000/-, out of which `4,000/- shall be deposited with the Bar Association of Punjab and Haryana High Court, `1,000/- with the Bar Council of Punjab and Haryana and `5,000/- with the Punjab and Haryana High Court Legal Services Committee within one week from today, failing which this petition shall be deemed to be dismissed. Disposed of accordingly.

List on 30.11.2018, for production of receipt with regard to deposit of aforesaid costs.

(Ramendra Jain) October 31, 2018 Judge R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No RAVINDER SINGH 2018.11.03 12:38 I attest to the accuracy and authenticity of this document