Punjab-Haryana High Court
Jagtar Singh And Ors vs State Of Punjab And Ors on 28 September, 2018
Author: Ramendra Jain
Bench: Ramendra Jain
CRM-M-37537-2018 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CRM-M-37537-2018
Date of decision: 28.09.2018
Jagtar Singh and others ..... Petitioners
Versus
State of Punjab and others .... Respondents
CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN
PRESENT:Mr. Parveen Sharma, Advocate for the petitioners.
Mr.Davinder Bir Singh, DAG, Punjab.
Mr.Vishal Goel, Advocate for respondents No.2 to 4.
RAMENDRA JAIN, J. (ORAL)
1. Through this petition under Section 482 Cr.P.C., prayer has been made for quashing DDR No.16 dated 09.12.2017 (Annexure P-1) registered under Sections 323, 325, 506, 148 and 149 IPC at Police Post Jansua, Police Station Shambhu, District Patiala [cross-case in FIR No.149 dated 10.12.2017 (Annexure P-2)] and all the subsequent proceedings arising therefrom on the basis of compromise dated 24.08.2018 (Annexure P-3) effected between the parties.
2. Vide order dated 30.08.2018, the parties were directed to appear before the trial Court/Illaqa Magistrate, to get their statements recorded for compromise with a direction to the trial Court/Illaqa Magistrate, to furnish a report qua veracity of the compromise.
3. Consequently, parties appeared before the Judicial Magistrate Ist Class, Rajpura and got recorded their statements qua compromise on 12.09.2018. Report from the Judicial Magistrate Ist 1 of 2 ::: Downloaded on - 07-10-2018 14:57:59 ::: CRM-M-37537-2018 -2- Class, Rajpura, vide letter No.1645, dated 21.09.2018, duly forwarded by the District and Sessions Judge, Patiala, vide Endst. No.4644, dated 25.09.2018, has been received. According to the report of the Judicial Magistrate Ist Class, Rajpura, the compromise arrived at between the parties seems to be genuine and without any pressure or coercion.
4. In view of the totality of the facts and circumstances and considering the fact that the compromise will bring harmony and peace in relations between the parties, this petition is allowed and the aforesaid DDR No.16, dated 09.12.2017 (Annexure P-1) and all subsequent proceedings arising therefrom, qua the petitioners are quashed, subject to payment of costs of `10,000/-, out of which `4,000/- shall be deposited with the Bar Association, Punjab and Haryana High Court, Chandigarh; `1,000/- with the Bar Council of Punjab and Haryana and `5,000/- with the High Court Legal Services Authority, within a period of two weeks' from today, failing which this petition shall be deemed to be dismissed.
5. List on 31.10.2018, for production of receipts regarding deposit of costs.
September 28, 2018 ( RAMENDRA JAIN )
Anjal JUDGE
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
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