High Court of Punjab and HaryanaCRM-M/10791/2016allowed

Bajinder Singh v. State Of Haryana & ANR

2016-09-28Mr Justice Rajiv Sharma2 pages

Crl. Misc. No. M-10791 of 2016 -1In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-10791 of 2016 Date of Decision: 28.9.2016 Bajinder Singh ......Petitioner

Versus

State of Haryana and another .....Respondents CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY

Present:

Ms. Kamlesh, Advocate for Mr. Parminder Singh, Advocate for the petitioner.

Mr. Sandeep Vashisht, DAG, Haryana.

None for respondent No. 2.

**** ANITA CHAUDHRY, J(ORAL) The instant petition is for quashing of FIR No. 104 dated 23.2.2013 registered under Sections 498-A, 323, 506 IPC, Police Station Assandh, District Karnal (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 parties have compromised the matter. The trial Court has also sent the statements of the parties.

Learned counsel for the State on instructions submits that petitioner is the only accused and respondent No. 2 is the only aggrieved person in this FIR.

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-10791 of 2016 -2No 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 petitioner. 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/No Whether reportable :

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