High Court of Punjab and HaryanaCRM-M/15649/2016allowed

Dalip Singh & ORS v. State Of Punjab & ANR

2016-11-29Mr Justice Rajiv Sharma2 pages

Crl. Misc. No. M-15649 of 2016 -1In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-15649 of 2016 Date of Decision: 29.11.2016 Dalip Singh and others ......Petitioners

Versus

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

Present:

Mr. Munish Puri, Advocate for the petitioners.

Mr. Deep Singh, AAG, Punjab.

Mr. Dinesh Trehan, Advocate for respondent No. 2.

**** ANITA CHAUDHRY, J(ORAL) The instant petition is for quashing of complaint bearing No. 2/03-1-09 having COMI 0000077/2015 under Sections 452, 382, 354, 324, 323, 506, 148, 149 pending in the Court of Judicial Magistrate Ist Class, Batala as well as the summoning order dated 12.8.2009 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. The trial Court has also sent the statements of the parties.

Counsel for respondent No. 2 submits that the matter has been compromised between the parties.

Gurpreet Singh Bhatia 2016.11.30 14:11 I attest to the accuracy and authenticity of this document High Court Chandigarh

Crl. Misc. No. M-15649 of 2016 -2No useful purpose would be served to keep the complaint 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 complaint as well as the summoning order 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 29, 2016 Gurpreet Whether speaking/reasoned :

Yes Whether reportable :

No Gurpreet Singh Bhatia 2016.11.30 14:11 I attest to the accuracy and authenticity of this document High Court Chandigarh