Natha Singh And ORS v. State Of Punjab And ANR

Crl. Misc. No. M-17618 of 2018 -1In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-17618 of 2018 Date of Decision: 20.7.2018 Natha Singh and others ......Petitioners

Versus

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

Present:

Mr. Rajiv Joshi, Advocate for the petitioners.

Mr. Ajay Pal Sigh Gill, DAG, Punjab.

Ms. Deepika, Advocate for Mr. Gagandeep Singh, Advocate for respondent No. 2.

**** ANITA CHAUDHRY, J (ORAL) The instant petition is for quashing of FIR No. 05 dated 5.4.2017 registered under Sections 406, 498-A IPC, Police Station NRI District Patiala and all the consequent proceedings arising out of the same, on the basis of compromise (Annexure P-2) arrived at between the parties. Reply has been filed by the State which is taken on record. Petitioner No. 2 is abroad. The petition has been filed through his attorney.

Counsel for the petitioners submits that petitioner No. 2 was not a proclaimed offender.

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 out of the free will of the Gurpreet Singh Bhatia 2018.07.23 15:20 I attest to the accuracy and authenticity of this document chandigarh

Crl. Misc. No. M-17618 of 2018 -2parties. The trial Court has also sent the copy of the statements of the 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.

No 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 15:20 I attest to the accuracy and authenticity of this document chandigarh