Mohit @ Munish Kumar v. State Of Punjab And ANR

CRM-M-8426 of 2018 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-8426 of 2018 DATE OF DECISION:-07.01.2019 MOHIT @ MUNISH KUMAR ...PETITIONER...

V.

STATE OF PUNJAB AND ANR.

...RESPONDENTS...

CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN

Present:

Mr. Vikram Satpal Anand, Advocate, for the petitioner.

Mr. Harpreet Multani, AAG, Punjab.

Mr. Varinder Pal Singh Mithewal, Advocate, 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.62 dated 31.03.2017, under Section 304 IPC at Police Station City Ferozepur, District Ferozepur (P-1) along with all subsequent proceedings arising therefrom, on the basis of compromise (P-2).

Pursuant to order dated 26.11.2018 of this Court, parties appeared before the trial Court on 02.01.2019 to get their statements recorded. Learned Chief Judicial Magistrate, Ferozepur has submitted her report vide letter bearing No.2 dated 03.01.2019, duly forwarded by ld. District & Sessions Judge, Ferozepur vide letter bearing No.67/EB dated SONIKA 2019.01.08 18:11 I attest to the accuracy and authenticity of this document Chandigarh 04.01.2019.

CRM-M-8426 of 2018 --2-- According to the report, ld. Chief Judicial Magistrate, Ferozepur, is satisfied that parties have entered into a valid and genuine compromise, which is voluntary and bonafide and out of free will, without any pressure or undue influence. No accused has been declared proclaimed offender. Considering the report of learned Chief Judicial Magistrate, Ferozepur, dated 03.01.2019 and the fact that the compromise will bring peace and harmony in relations between the parties, aforesaid FIR No.62 dated 31.03.2017 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 08.02.2019, for production of receipt with regard to deposit of aforesaid costs.

07.01.2019 (RAMENDRA JAIN) sonika JUDGE whether speaking/reasoned:

Yes/No whether reportable:

Yes/No SONIKA 2019.01.08 18:11 I attest to the accuracy and authenticity of this document Chandigarh