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Rajwinder Singh @ Raju @ Rajbeer vs State Of Punjab And Anr on 13 September, 2018

CRM-M-27608-2017 -1-

IN THE HIGH COURT OF PUNJAB HARYANA AT CHANDIGARH

CRM-M-27608-2017

Date of decision: 13.09.2018

Rajwinder Singh @ Raju @ Rajbeer
….. Petitioner

Versus

State of Punjab and another
….. Respondents

CORAM: HON’BLE MR. JUSTICE RAMENDRA JAIN

PRESENT: Mr. Sahil Gambhir, Advocate for the petitioner.

Mr. Harpreet Multani, AAG, Punjab.

Mr. Gagan Bajaj, 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. 73 dated 06.05.2014 (Annexure P-1)

registered under Section 377 IPC at Police Station Bhikhiwind, District

Tarn Taran and all subsequent proceedings arising therefrom, on the basis

of compromise dated 15.06.2017 (Annexure P-2), effected between the

parties.

2. Vide order dated 24.10.2017, the parties were directed to

appear before the trial Court/Illaqa Magistrate on 28.11.2017, to get their

statements recorded for compromise with a direction to the trial Court/Illaqa

Magistrate, to furnish a report qua veracity of the compromise.

3. Consequently, parties appeared before the Judicial Magistrate

Ist Class, Patti and got recorded their statements qua compromise on

28.11.2017. Report from the Judicial Magistrate Ist Class, Patti, vide letter
For Subsequent orders see IOIN-CRM-M-27608-2017
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14-10-2018 04:07:33 :::
CRM-M-27608-2017 -2-

No. 528 dated 12.12.2017, duly forwarded by the District and Sessions

Judge, Tarn Taran, vide Endst. No. 6945-R dated 13.12.2017 has been

received. According to the report of the Judicial Magistrate Ist Class, Patti,

compromise arrived at between the parties is genuine, voluntarily, without

any coercion or undue influence with their free will.

4. In view of the totality of the facts and circumstances and

considering the fact that the compromise will bring harmony and peace in

relations between the parties, this petition is allowed and the aforesaid,

FIR No. 73 dated 06.05.2014 (Annexure P-1) and all subsequent

proceedings arising therefrom, qua the petitioner are quashed, subject to

payment of costs of `10,000/-, out of which `8,000/- shall be deposited with

the following account:-

Account details:- Chief Minister’s Distress Relief Fund.

Account Number :- 67319948232
Bank:- State Bank of India.
Branch:- City Branch, Thiruvananthapuram
IFSC:- SBIN0070028
PAN:- AAAGD0584M
Account Type:- Savings
SWIFT Code: SBININBBT08

and `2,000/- with the Bar Council of Punjab and Haryana, within 10 days

from today, failing which this petition shall be deemed to be dismissed.

5. List on 05.10.2018, for production of receipts regarding deposit

of costs.

September 13, 2018 ( RAMENDRA JAIN )
rishu JUDGE
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No

For Subsequent orders see IOIN-CRM-M-27608-2017
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14-10-2018 04:07:34 :::

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