Punjab-Haryana High Court
Binder Singh @ Harwinder Singh And Ors vs State Of Punjab And Anr on 8 October, 2018
Author: Ramendra Jain
Bench: Ramendra Jain
CRM-M-40242-2018 1
129
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CRM-M-40242-2018
Date of decision: 08.10.2018
Binder Singh @ Harwinder Singh and others ..... Petitioners
Versus
State of Punjab and another ..... Respondents
CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN
Present: Mr. B. S. Ghangas, Advocate
for the petitioners.
Mr. A. S. Gill, DAG, Punjab.
None for respondent No. 2.
***
RAMENDRA JAIN, J. (ORAL)
1. Through this petition under Section 482 Cr.P.C., prayer has been made for quashing FIR No. 289 dated 07.12.2015, under Sections 323, 341, 427, 506, 148 and 149 of the IPC, registered at Police Station Dera Bassi, District S.A.S. Nagar (Annexure P-1) and all subsequent proceedings arising therefrom, on the basis of the compromise (Annexure P-2) effected between the parties.
2. Vide orders dated 13.09.2018, 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, Dera Bassi and got recorded their statements qua 1 of 2 ::: Downloaded on - 14-10-2018 02:17:35 ::: CRM-M-40242-2018 2 compromise on 28.09.2018. Report from the Sub Divisional Judicial Magistrate, Dera Bassi, vide letter No. 248 dated 04.10.2018, has been received. According to the report of the Sub Divisional Judicial Magistrate, Dera Bassi, the compromise is genuine and it is voluntarily effected between the parties with their free consent and without any pressure, threat, coercion or undue influence 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 FIR No. 289 dated 07.12.2015, under Sections 323, 341, 427, 506, 148 and 149 of the IPC, registered at Police Station Dera Bassi, District S.A.S. Nagar (Annexure P-1) 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 High Court Legal Services Committee, within two weeks from today, failing which this petition shall be deemed to be dismissed.
5. List on 16.11.2018, for production of receipts regarding deposit of costs.
8th October, 2018 (RAMENDRA JAIN )
shabha JUDGE
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
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