Punjab-Haryana High Court
Mittar Pal & Anr vs State Of Haryana And Another on 6 October, 2018
Author: Ramendra Jain
Bench: Ramendra Jain
CRM-M-6065-2017(O&M) -1-
229
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CRM-M-6065-2017(O&M)
Date of decision: 06.10.2018
Mittar Pal and another ..... Petitioners
Versus
State of Haryana and another ..... Respondents
CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN
Present: Mr. Deepak Basatia, Advocate
for the petitioners
Mr. Vikramjit Singh, Addl. A.G. Haryana.
Mr. Kunal Muthreja, Advocate, for
Mr. Vipul Sherwal, 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 FIR No. 29 dated 4.2.2011 under Sections 420, 467, 468, 471 and 120-B of the Indian Penal Code, Police Station Chhappar, District Yamunanagar (Annexure P-2) and all subsequent proceedings arising therefrom, on the basis of settlement agreement dated .5.10.2016 (Annexure P-3) effected between the parties.
2. Vide orders dated 27.02.2017, 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 Additional District and Sessions Judge, Yamuna Nagar, Jagadhri and got recorded their statements qua compromise on 05.10.2016. Report from the Additional District and Sessions Judge, Yamuna Nagar, Jagadhri, vide letter No. 70 dated 15.3.2017, duly forwarded 1 of 2 ::: Downloaded on - 14-10-2018 04:29:42 ::: CRM-M-6065-2017(O&M) -2- by learned District and Sessions Judge, Yamuna Nagar, Jagadhri, vide Endst. No. 5641, Dated 15.03.2017, has been received. According to the report of the Additional District and Sessions Judge, Yamuna Nagar, Jagadhri, 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. 29 dated 4.2.2011 under Sections 420, 467, 468, 471 and 120-B of the Indian Penal Code, Police Station Chhappar, District Yamunanagar (Annexure P-2) 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 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.
6.10.2018 (RAMENDRA JAIN )
tripti JUDGE
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
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