Amit Shely And ORS v. Ut Of Chandigarh And ANR
CRM-M-20030 of 2016(O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-20030 of 2016(O&M) Date of Order: 15.12.2016 Amit Shely and others ..Petitioners
Versus
UT, Chandigarh and another ..Respondents CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY
Present:
Mr. Mandeep Kumar Dhot, Advocate, for the petitioners.
Mr. G.S.Chahal, APP, UT Chandigarh None for respondent no.2.
ANITA CHAUDHRY, J. (Oral) The instant petition is for quashing of FIR No.167, dated 03.09.2012, registered under Sections 406 and 498-A IPC, Police Station Sector 19, Chandigarh 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 seems to be genuine, voluntary and without any coercion or undue influence. The trial court has also sent photocopies of statements of parties. Learned counsel for the State on instructions from ASI Lakshay Kumar submits that petitioners are the only accused and Naresh Kumar 2016.12.16 16:52 I attest to the accuracy and integrity of this document Chandigarh
CRM-M-20030 of 2016(O&M) -2respondent 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 v. 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. December 15, 2016 (ANITA CHAUDHRY) nt JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Naresh Kumar 2016.12.16 16:52 I attest to the accuracy and integrity of this document Chandigarh