Punjab-Haryana High Court
Gurpreet Singh And Others vs State Of Punjab And Another on 11 October, 2018
Author: Ramendra Jain
Bench: Ramendra Jain
CRM-M-34750-2018 (O&M) 1
122/2
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CRM-M-34750-2018 (O&M)
Date of decision: 11.10.2018
Gurpreet Singh and others ..... Petitioner
Versus
State of Punjab and another ..... Respondents
CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN
Present: Mr. I.S.Chawla, Advocate
for the petitioners.
Mr. A.S.Gill, DAG, Punjab.
Mr. Monty Goyal, Advocate
for respondent No. 2.
***
RAMENDRA JAIN, J. (ORAL)
1. Through this petition under Section 482 Cr.P.C., prayer has been made for quashing General Diary No. 23 dated 02.08.2018 (Annexure P-1) registered under Sections 325, 323, 506, 34 of the IPC at Police Station Samrala, Police District Khanna, District Ludhiana in FIR No. 150 dated 10.07.2018 under Sections 451, 323, 506, 427, 148, 149 of the IPC and all subsequent proceedings arising therefrom, on the basis of compromise dated 28.07.2018 (Annexure P-2) effected between the parties.
2. Vide orders dated 13.08.2018, the parties were directed to appear before the trial Court to get their statements recorded for compromise with a direction to the trial Court, to furnish a report qua veracity of the compromise.
3. Consequently, parties appeared before the Sub Divisional Judicial Magistrate, Samrala and got recorded their statements qua 1 of 2 ::: Downloaded on - 14-10-2018 00:32:06 ::: CRM-M-34750-2018 (O&M) 2 compromise on 20.08.2018. Report from the Sub Divisional Judicial Magistrate, Samrala vide letter No.688 dated 09.10.2018, duly forwarded by learned District and Sessions Judge, Ludhiana, vide letter No. 914/EC, Dated 09.10.2018, has been received. According to the report of the learned Sub Divisional Judicial Magistrate, Samrala, the compromise appears to be genuine without any pressure or coercion from any side.
4. In view of the totality of the facts and circumstances and considering the fact that the compromise will bring harmony in relations between the parties, this petition is allowed and the aforesaid General Diary No. 23 dated 02.08.2018 (Annexure P-1) registered under Sections 325, 323, 506, 34 of the IPC at Police Station Samrala, Police District Khanna, District Ludhiana in FIR No. 150 dated 10.07.2018 under Sections 451, 323, 506, 427, 148, 149 of the IPC and all subsequent proceedings arising therefrom, qua the petitioners is quashed, subject to payment of costs of Rs. 10,000/-, out of which Rs. 4,000/- shall be deposited with the Bar Association of Punjab and Haryana, High Court, Rs. 1000/- with the Bar Council of Punjab and Haryana and Rs. 5,000/- with the High Court Legal Services Committee, within two weeks from today, failing which this petition shall be deemed to be dismissed.
5. List on 14.11.2018, for production of receipts regarding deposit of costs.
11th October, 2018 (RAMENDRA JAIN )
shabha JUDGE
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
2 of 2
::: Downloaded on - 14-10-2018 00:32:07 :::