Punjab-Haryana High Court
Jagmohan Singh And Anothers vs State Of Punjab And Anothers on 28 September, 2018
Author: Ramendra Jain
Bench: Ramendra Jain
CRM-M-37544-2018 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CRM-M-37544-2018
Date of decision: 28.09.2018
Jagmohan Deep Singh and another ..... Petitioners
Versus
State of Punjab and another .... Respondents
CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN
PRESENT:Ms.Suminderdeep Kaur, Advocate for
Mr. R.K. Kapila, Advocate for the petitioners.
Mr.Davinder Bir Singh, DAG, Punjab.
Ms.Satpreet Grewal Kapila, 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 of cross case DDR No.24 dated 30.09.2014 (Annexure P-1) registered under Sections 323, 324, 148, 149 and Section 326 IPC added later on at Police Station Subhanpur, Distt. Kapurthala registered in main case FIR No.101 dated 29.09.2014 registered under Sections 324, 323, 148, 149 IPC and Section 326 IPC added later on at Police Station Subhanpur, Distt. Kapurthala and all subsequent proceedings arising therefrom, on the basis of compromise Annexure P-6, effected between the parties.
2. Vide order dated 29.08.2018, 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.
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3. Consequently, parties appeared before the Judicial Magistrate Ist Class, Kapurthala and got recorded their statements qua compromise on 31.08.2018. Report from the Judicial Magistrate Ist Class, Kapurthala, vide letter No.1941, dated 10.09.2018, duly forwarded by the District and Sessions Judge, Kapurthala, vide Endst. No.1625 dated 12.09.2018, has been received. According to the report of the Judicial Magistrate Ist Class Kapurthala, 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 cross case DDR No.24 dated 30.09.2014 (Annexure P-1) registered under Sections 323, 324, 148, 149 and Section 326 IPC added later on at Police Station Subhanpur, Distt. Kapurthala registered in main case FIR No.101 dated 29.09.2014 registered under Sections 324, 323, 148, 149 IPC and Section 326 IPC added later on at Police Station Subhanpur, Distt. Kapurthala 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.
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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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