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High Court of Punjab and HaryanaCRM-M/12653/2016allowed

Deepak Kasar v. State Of Punjab & Another

2016-09-21Mr Justice Rajiv Sharma2 pages

Crl. Misc. No. M-12653 of 2016 -1In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-12653 of 2016 Date of Decision: 21.9.2016 Deepak Kasar ......Petitioner

Versus

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

Present:

Mr. Kuldeep Saini, Advocate for the petitioner.

Mr. J.S.Bhullar, AAG, Punjab.

Mr. Amandeep Singh Saini, Advocate for respondents No. 2 and 3.

**** ANITA CHAUDHRY, J(ORAL) The instant petition is for quashing of FIR No. 18 dated 21.1.2016 registered under Sections 354-D, 506 IPC, Police Station City Rajpura, District Patiala and all the consequent proceedings arising out of the same, on the basis of written compromise arrived at between the parties. Mr. Amandeep Singh Saini, Advocate puts in appearance on behalf of respondents No. 2 and 3 and has filed the power of attorney. 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 with their free will and consent. The trial Court has also sent the statements of parties. Learned counsel for the State on instructions submits that petitioner is the only accused and respondent No. 2 is the only aggrieved Gurpreet Singh Bhatia 2016.09.23 14:25 I attest to the accuracy and authenticity of this document High Court Chandigarh

Crl. Misc. No. M-12653 of 2016 -2person 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 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 21, 2016 Gurpreet Whether speaking/reasoned :

Yes Whether reportable :

No Gurpreet Singh Bhatia 2016.09.23 14:25 I attest to the accuracy and authenticity of this document High Court Chandigarh