Kulbir Singh & ORS v. State Of Punjab And ANR

CRM-M-45089 of 2018 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-45089 of 2018 DATE OF DECISION:-07.01.2019 KULBIR SINGH JOHAL AND ORS.

...PETITIONERS...

V.

STATE OF PUNJAB AND ANR.

...RESPONDENTS...

CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN

Present:

Mr. Abhay Kumar Sharma, Advocate, for the petitioners.

Mr. A.S. Gill, DAG, Punjab.

*** RAMENDRA JAIN, J. (ORAL) Prayer in the instant petition under Section 482 Cr.P.C. has been made for quashing FIR No.220 dated 02.08.2013, under Sections 419, 420, 465, 466, 471 and 120-B IPC at Police Station Sadar Jullundur (A-1) along with all subsequent proceedings arising therefrom, on the basis of compromise (P-4) including order dated 30.05.2015. Pursuant to order dated 11.10.2018 of this Court, parties appeared before the trial Court on 20.11.2018 to get their statements recorded. Learned Addl. Chief Judicial Magistrate, Jalandhar has submitted her report vide letter bearing No.3554/G dated 22.11.2018, duly forwarded by ld. District & Sessions Judge, Jalandhar vide letter bearing No.2715G/JRK dated 22.11.2018.

According to the report, ld.Addl. Chief Judicial Magistrate, SONIKA 2019.01.09 18:05 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-45089 of 2018 --2-- Jalandhar, is satisfied that statements of the parties are not the result of any pressure or coercion in any manner and the compromise is genuine and valid. Though, Rajwinder Kaur @ Rajinder Kaur-complainant appeared through her power of attorney Mr. Kuldip Singh. Considering the report of learned Addl. Chief Judicial Magistrate, Jalandhar, dated 22.11.2018 and the fact that the compromise will bring peace and harmony in relations between the parties, aforesaid FIR No.220 dated 02.08.2013 along with all subsequent proceedings arising therefrom including order dated 30.05.2015, are quashed qua the petitioners 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 2019.01.09 18:05 I attest to the accuracy and authenticity of this document Chandigarh