High Court of Punjab and HaryanaCRM-M/15338/2016allowed

Kuldeep Kumar @ Rubal And ANR v. State Of Punjab And ORS

2016-11-30Mr Justice Rajiv Sharma2 pages

Crl. Misc. No. M-15338 of 2016 -1In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-15338 of 2016 Date of Decision: 30.11.2016 Kuldeep Kumar @ Rubal and another ......Petitioners

Versus

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

Present:

Mr. G.S.Simble, Advocate for the petitioners.

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

None for respondent No. 2.

**** ANITA CHAUDHRY, J(ORAL) The instant petition is for quashing of FIR No. 27 dated 29.4.2015 registered under Sections 354, 452, 341, 323 IPC and 354-A, 354-D IPC (added later on), Police Station Dera Baba Nanak, Police District Batiala, District Gurdaspur (Annexure P-1) 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 and voluntary. The trial Court has also sent the statements of the parties.

Learned counsel for the State on instructions submits that petitioners are the only accused and respondents No. 2 and 3 are the only aggrieved person in this FIR.

Gurpreet Singh Bhatia 2016.12.01 16:44 I attest to the accuracy and authenticity of this document High Court Chandigarh

Crl. Misc. No. M-15338 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 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 November 30, 2016 Gurpreet Whether speaking/reasoned :

Yes Whether reportable :

No Gurpreet Singh Bhatia 2016.12.01 16:44 I attest to the accuracy and authenticity of this document High Court Chandigarh