The High Court quashed an FIR and subsequent proceedings registered under cheating sections upon a report of voluntary compromise between parties, subject to payment of court costs to designated bodies.
FIR No. 143 and all subsequent proceedings quashed subject to payment of costs of ₹10,000.
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CRM-M-36860 of 2018
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-36860 of 2018 Date of Decision: 20.09.2018
Rashpal Singh
....Petitioner
Versus
State of Punjab and another
....Respondents
CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN
Present: Mr. Bhupinder Singh, Advocate, for the petitioner. Mr. Harpreet Multani, AAG, Punjab.
RAMENDRA JAIN, J. (ORAL)
Prayer in the instant petition under Section 482 Cr.P.C. has been made for quashing FIR No.143 dated 06.12.2012 registered under Sections 420 and 406 IPC at Police Station Khamano, District Fatehgarh Sahib, and all subsequent proceedings arising therefrom, on the basis of compromise(Annexure P-1).
Pursuant to order dated 27.08.2018 of this Court, the parties appeared before the trial Court/Illaqa Magistrate on 30.08.2018 to get their statements recorded. Learned Sub Divisional Judicial Magistrate, Khamanon, has submitted her report vide letter bearing No.61, dated 05.09.2018 duly forwarded by learned District and Sessions Judge, Fatehgarh Sahib, vide letter No.5622/E.B. dated 10.09.2018.
According to the report, learned Sub Divisional Judicial Magistrate, Khamanon, is satisfied that compromise entered into RAVINDER SINGH 2018.09.21 10:52 I attest to the accuracy andbetween the parties is voluntary without any pressure or undue authenticity of this document
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CRM-M-36860 of 2018
influence and out of their own free will.
Considering the report of learned Sub Divisional Judicial Magistrate, Khamanon, dated 05.09.2018 and the fact that the compromise will bring peace and harmony in relations between the parties, aforesaid FIR No.143 dated 06.12.2012 and all subsequent proceedings arising therefrom, are quashed, subject to payment of costs of 10,000/-, out of which 4,000/- shall be deposited with the Bar Association of Punjab and Haryana High Court, 1,000/- with the Bar Council of Punjab and Haryana and 5,000/- with the Punjab and Haryana High Court Legal Services Committee within one week from today, failing which this petition shall be deemed to be dismissed.
Disposed of accordingly.
List on 17.10.2018, for production of receipt with regard to
deposit of aforesaid costs.
(Ramendra Jain) September 20, 2018 Judge R.S.
Whether speaking/reasoned Yes/No Whether Reportable Yes/No
RAVINDER SINGH 2018.09.21 10:52 I attest to the accuracy and authenticity of this document
2 issues framed by the court
Whether FIR Nos. 143 registered under Sections 420 and 406 IPC and all subsequent proceedings should be quashed in view of compromise.
Whether conditions precedent for granting relief under Section 482 Cr.P.C. in a compromise case have been satisfied.
1 provisions across 1 enactments
Rashpal Singh
State of Punjab
Ramendra Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
