Neeraj And ORS v. State Of Punjab And ORS
Crl. Misc. No. M-14442 of 2016 -1In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-14442 of 2016 Date of Decision: 30.10.2018 Neeraj and others ......Petitioners
Versus
State of Punjab and others .....Respondents CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY
Present:
Mr. Kamal Narula, Advocate for the petitioners.
Ms. Jaspreet Kaur, AAG, Punjab.
None for respondent No. 2.
**** ANITA CHAUDHRY, J (ORAL) The instant petition is for quashing of FIR No. 27 dated 6.3.2016 registered under Sections 363, 366, 120-B IPC, Police Station Cantt Ferozepur, District Ferozepur (Annexure P-1) and all the consequent proceedings arising out of the same, on the basis of 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. The trial Court has also sent the copy of the statements of the parties in original. State has filed the reply pleading that the girl was major and they had got married prior to registration of FIR and challan had not been filed Learned counsel for the State on instructions submits that GURPREET SINGH 2018.11.02 12:03 I attest to the accuracy and authenticity of this document chandigarh
Crl. Misc. No. M-14442 of 2016 -2petitioners are the only accused and respondents No. 2 and 3 are the only aggrieved persons 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 October 30, 2018 Gurpreet Whether speaking/reasoned :
Yes Whether reportable :
No GURPREET SINGH 2018.11.02 12:03 I attest to the accuracy and authenticity of this document chandigarh