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Ajaybir Singh and another vs State of Punjab and another

Punjab And Haryana At Chandigarh · Decided on 4 October 2018 · Citation: (2018) 10 P&H CK 0042

HON’BLE JUDGES
Ramendra Jain, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 482 · Indian Penal Code, 1860 — Section 34, 323, 324
RESULT
Dismissed
CASE NUMBER
Criminal Miscellaneous (M) No.-39120 Of 2018 (O&M)
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Judgment

17 paragraphs · 324 words
1.

Through this petition under Section 482 Cr.P.C., prayer has been made for quashing FIR No. 25 dated 16.06.2018 under Sections 324, 323, 34 of

the IPC at Police Station Lakhewali, District Sri Muktsar Sahib (Annexure P-1) and all subsequent proceedings arising therefrom, on the basis of

compromise dated 22.07.2018 (Annexure P-2) effected between the parties.

2.

Vide orders dated 07.09.2018, 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 Judicial Magistrate, Malout and got recorded their statements qua compromise on 20.09.2018.

Report from the Sub Judicial Magistrate, Malout, vide letter No.705 dated 25.09.2018, duly forwarded by learned District and Sessions Judge, Sri

Muktsar Sahib, vide letter No. 2017/EB, Dated 28.09.2018, has been received. According to the report of the Sub 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 peace and harmony in relations

between the parties, this petition is allowed and the aforesaid FIR No. 25 dated 16.06.2018 under Sections 324, 323, 34 of the IPC at Police Station

Lakhewali, 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 High Court Legal Services Committee, within two weeks from today, failing which

this petition shall be deemed to be dismissed.

5.

List on 01.11.2018, for production of receipts regarding deposit of costs.