High Court of Punjab and HaryanaCRM-M/10817/2015allowed

Gurpal Singh v. State Of Punjab And ANR.

2015-09-10Mr Justice Gurdev Singh2 pages

CRM-M-10817 of 2015 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-10817 of 2015 (O&M) Date of Decision : 10.09.2015 Gurpal Singh .......Petitioner

Versus

State of Punjab and another .....Respondents

CORAM:

HON'BLE MR. JUSTICE R.P. NAGRATH

Present:

Mr. Balbir Singh Saini, Advocate for the petitioner.

Mr. Gurveer Sidhu, AAG, Punjab.

Mr. N.K. Manchanda, Advocate for respondent no. 2 R.P. NAGRATH, J. (Oral) The instant petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 163 dated 12.10.2013 for offences under Section 498-A of Indian Indian Penal Code (IPC), registered at Police Station Chamkaur Sahib, District Rup Nagar and all consequent proceedings arising therefrom, on the basis of compromise dated 12.02.2015 (Annexure P-2).

Report from the trial Court has been received after recording statement of respondent no. 2 and the petitioner and it is reported that the compromise reached between the parties is genuine and without any pressure or coercion. Learned State counsel on instructions from HC Kulwinder Singh submits that petitioner is the only accused and respondent no. 2 is the only aggrieved, who recorded the FIR. No useful purpose would be served to continue with the proceedings before the trial Court in the instant FIR. Following the principles laid down by the Full Bench JITENDER KUMAR 2015.09.11 15:55 I attest to the accuracy and integrity of this document

CRM-M-10817 of 2015 -2judgment of this Court in Kulwinder Singh and others v. State of Punjab and another, 2007 (3) RCR (Criminal) 1052 (P&H) and approved by the Hon'ble Supreme Court in Gian Singh vs. State of Punjab and others, (2012)10 SCC 303, this petition is allowed and FIR No. 163 dated 12.10.2013 for offences under Section 498-A IPC, Police Station Chamkaur Sahib, District Rup Nagar and subsequent proceedings are quashed. Needless to say that the parties shall remain bound by the terms and conditions of the compromise and the statements made by them.

September 10, 2015 (R.P. NAGRATH ) jk JUDGE JITENDER KUMAR 2015.09.11 15:55 I attest to the accuracy and integrity of this document