Punjab-Haryana High Court
Bhupinder Singh @ Bhinda Bhullar @ ... vs State Of Punjab And Anr on 9 October, 2018
Author: Ramendra Jain
Bench: Ramendra Jain
CRM-M-32552-2017 (O&M) 1
252/1
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CRM-M-32552-2017 (O&M)
Date of decision: 09.10.2018
Bhupinder Singh @ Bhinda Bhullar @ Harpinder Singh
..... Petitioner
Versus
State of Punjab and another ..... Respondents
CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN
Present: Mr. Amandeep Chhabra, Advocate
for the petitioner
Mr. Davinder Bir Singh, DAG, Punjab.
Mr. Gagandeep Singh, Advocate
for respondent No. 2-complainant.
***
RAMENDRA JAIN, J. (ORAL)
1. Through this petition under Section 482 Cr.P.C., prayer has been made for quashing FIR No. 05 dated 11.01.2017 under Sections 341, 506, 34 of the IPC and Sections 25/27/54/59 of Arms Act, at Police Station City Malout, District Sri Muktsar Sahib (Annexure P-1) and all subsequent proceedings arising therefrom, on the basis of compromise (Annexure P-2) effected between the parties.
2. Vide orders dated 16.08.2018, 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 Malout and got recorded their statements qua 1 of 2 ::: Downloaded on - 14-10-2018 07:58:09 ::: CRM-M-32552-2017 (O&M) 2 compromise on 06.09.2018. Report from the Sub Divisional Judicial Magistrate Malout, vide letter No.92 dated 11.09.2018, duly forwarded by learned District and Sessions Judge, Sri Muktsar Sahib, vide letter No. 1915/EB, Dated 13.09.2018, has been received. According to the report of the learned Sub Divisional Judicial Magistrate Malout, 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. 05 dated 11.01.2017 under Sections 341, 506, 34 of the IPC and Sections 25/27/54/59 of Arms Act, at Police Station City Malout, District Sri Muktsar Sahib (Annexure P-1) and all subsequent proceedings arising therefrom, qua the petitioner 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 13.11.2018, for production of receipts regarding deposit of costs.
9th October, 2018 (RAMENDRA JAIN )
shabha JUDGE
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
2 of 2
::: Downloaded on - 14-10-2018 07:58:10 :::