Deepak Kumar v. State Of Punjab And ORS

Crl. Misc. No. M-15790 of 2018 -1In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-15790 of 2018 Date of Decision: 20.7.2018 Deepak Kumar ......Petitioner

Versus

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

Present:

Mr. Priyanshu Kamra, Advocate for the petitioner.

Mr. Ajay Pal Sigh Gill, DAG, Punjab.

Mr. Sanjeev Kumar, Advocate for respondents No. 2 and 3.

**** ANITA CHAUDHRY, J (ORAL) The instant petition is for quashing of FIR No. 0133 dated 18.12.2017 registered under Sections 452, 354, 354-A, 342, 323, 34 IPC and Section 12 of POCSO Act, Police Station City 2 Abohar, District Fazilka 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.

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

Gurpreet Singh Bhatia 2018.07.23 14:49 I attest to the accuracy and authenticity of this document chandigarh

Crl. Misc. No. M-15790 of 2018 -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 July 20, 2018 Gurpreet Whether speaking/reasoned :

Yes Whether reportable :

No Gurpreet Singh Bhatia 2018.07.23 14:49 I attest to the accuracy and authenticity of this document chandigarh