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High Court of Punjab and HaryanaCRM-M/10042/2016allowed

Amrik Singh @ Goopi & ANR v. State Of Punjab & ORS

2016-09-28Mr Justice Rajiv Sharma2 pages

Crl. Misc. No. M-10042 of 2016 -1In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-10042 of 2016 Date of Decision: 28.9.2016 Amrik Singh @ Goopi and another ......Petitioners

Versus

State of Punjab and others .....Respondents CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY

Present:

Mr. R.D.Rattewal, Advocate for the petitioners.

Mr. K.S.Aulakh, AAG, Punjab.

Mr. Deepak Choudhary, Advocate for Mr. P.S.Miglani, Advocate for respondents No. 2 and 3.

**** ANITA CHAUDHRY, J(ORAL) The instant petition is for quashing of FIR No. 125 dated 16.10.2013 registered under Sections 341, 354, 354-A, 354A-1, 354-B, 323, 506, 34, 201 IPC, Police Station Garhshankar, District Hoshiarpur (Annexure P-1) and all the consequent proceedings arising out of the same, on the basis of written compromise arrived at between the parties. Report has been received from the trial Court after statements of the parties were recorded regarding the compromise. The trial Court has reported that the compromise is genuine and without any threat, coercion or undue influence. The trial Court has also sent the statements of the parties. Learned counsel for the State on instructions submits that petitioners are the only accused and respondents No. 2 and 3 are the only Gurpreet Singh Bhatia 2016.09.30 10:30 I attest to the accuracy and authenticity of this document High Court Chandigarh

Crl. Misc. No. M-10042 of 2016 -2aggrieved person in this FIR.

No useful purpose would be served to keep the FIR pending. In view of the statements and report of the trial Court and the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052, approved by Hon'ble Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, the instant petition is allowed and the aforesaid FIR and all consequent proceedings conducted on the basis thereof are quashed qua the petitioners. Needless to say that parties shall remain bound by the terms of compromise and their statements made in the Court below. (ANITA CHAUDHRY) JUDGE September 28, 2016 Gurpreet Whether speaking/reasoned :

Yes Whether reportable :

No Gurpreet Singh Bhatia 2016.09.30 10:30 I attest to the accuracy and authenticity of this document High Court Chandigarh