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High Court of Punjab and HaryanaCRM-M/10813/2016allowed

Paramjit Singh And ANR v. State Of Punjab And ANR.

2016-12-07Mr Justice Rajiv Sharma2 pages

CRM-M-10813 of 2016(O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-10813 of 2016(O&M) Date of Order: 07.12.2016 Paramjit Singh and another ..Petitioners

Versus

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

Present:

Ms. Pinki Banwala, Advocate, for Mr. J.S.Thind, Advocate, for the petitioners.

Mr. K.S.Aulakh, AAG, Punjab Mr. Veneet Sharma, Advocate, for respondent no.2. ANITA CHAUDHRY, J. (Oral) The instant petition is for quashing of FIR No.166, dated 23.08.2014, registered under Sections 498A and 406 IPC Police Station C-Division, District Amritsar City 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 voluntarily, without undue influence, pressure or coercion, and out of their free will and consent. The trial court has also sent photocopies of statements of parties.

Learned counsel for the State on instructions submits that Naresh Kumar 2016.12.08 10:22 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-10813 of 2016(O&M) -2petitioners are the only accused and respondent no.2 is the only aggrieved 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 v. 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. December 07, 2016 (ANITA CHAUDHRY) nt JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Naresh Kumar 2016.12.08 10:22 I attest to the accuracy and integrity of this document Chandigarh