High Court of Punjab and HaryanaCRM-M/14791/2016allowed

Amit Thakur And Others v. Saloni And Another

2016-10-26Mr Justice Rajiv Sharma2 pages

CRM-M-14791 of 2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-14791 of 2016(O&M) Date of decision:26.10.2016 Amit Thakur and others ..Petitioners

Versus

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

Present:

Mr. Rahul Sharma-I, Advocate, for the petitioners. Mr. Deep Singh, AAG, Punjab None for respondent no.2.

ANITA CHAUDHRY, J. (Oral) The instant petition is for quashing of FIR No.42, dated 21.05.2013, registered under Sections 406, 498-A and 323 IPC, Police Station Women Cell, Jalandhar 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 genuine one and without any force and pressure. The trial court has also sent statements of parties.

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

Naresh Kumar 2016.10.27 10:28 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-14791 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 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 petitioner.

Needless to say that parties shall remain bound by the terms of compromise and their statements made in the Court below. October 26, 2016 (ANITA CHAUDHRY) nt JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Naresh Kumar 2016.10.27 10:28 I attest to the accuracy and integrity of this document Chandigarh