Ravi Kumar And ORS. v. State Of Punjab And ANR.

CRM-M-14751 of 2014 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-14751 of 2014 (O&M) Date of Decision : 01.05.2015 Ravi Kumar and others .......Petitioners

Versus

State of Punjab and others .....Respondents

CORAM:

HON'BLE MR. JUSTICE R.P. NAGRATH

Present:

Mr. Sandeep Arora, Advocate for the petitioners.

Mr. Gurveer Sidhu, AAG, Punjab.

Ms. Rishma Verma, Advocate for respondents no. 2 and 3.

R.P. NAGRATH, J. (Oral) The instant petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 120 dated 17.05.2013 for offence under Sections 452, 148, 149, 323 and 509 of Indian Penal Code (IPC), registered at Police Station Division No. 7, Jalandhar on the basis of compromise.

Report from the trial Court has been received. Learned State counsel on instructions from SI Surjit Singh submits that petitioners are the only accused and respondents no. 2 and 3 are the only aggrieved persons. FIR was recorded by respondent no. 2.

In deference to the order passed by this Court on 12.12.2014, the trial Court recorded the statements of both the parties on the compromise and reported that the compromise reached between the parties is voluntary and without any threat, pressure or JITENDER KUMAR 2015.05.02 12:23 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-14751 of 2014 -2undue influence. The trial Court has also sent the statements made by the parties.

No useful purpose would be served to continue with the proceedings before the trial Court in the instant FIR. Following 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 (P&H) and approved by the Hon'ble Supreme Court in Gian Singh vs. State of Punjab and others, (2012)10 SCC 303, this petition is allowed and FIR No. 120 dated 17.05.2013 for offence under Sections 452, 148, 149, 323 and 509 IPC, Police Station Division No. 7, Jalandhar and subsequent proceedings are quashed.

Needless to say that the parties shall remain bound by the terms and conditions of the compromise and the statements made by them.

Allowed in the above terms.

May 01, 2015 (R.P. NAGRATH ) jk JUDGE JITENDER KUMAR 2015.05.02 12:23 I attest to the accuracy and authenticity of this document Chandigarh