Chetan Mehta And Another v. State Of Punjab And Another

Crl. Misc. No. M-21894 of 2018 -1In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-21894 of 2018 Date of Decision: 19.7.2018 Chetan Mehta and another ......Petitioners

Versus

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

Present:

Mr. T.P.S.Tung, Advocate for the petitioners.

Mr. Ajay Pal Sigh Gill, DAG, Punjab.

Mr. G.S.Bains, Advocate for respondent No. 2.

**** ANITA CHAUDHRY, J (ORAL) The instant petition is for quashing of FIR No. 41 dated 8.5.2015 registered under Sections 406, 498-A, 420, 467, 468, 471, 377 IPC, Police Station Women, District Ludhiana (Annexure P-1) and all the consequent proceedings arising out of the same, on the basis of compromise dated 14.5.2018 (Anexure P-2) 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 and without any pressure or coercion. The trial Court has also sent the copy of the statements of the parties and the compromise.

Learned counsel for the State on instructions submits that petitioners and Om Parkash Mehta are the only accused and Om Parkash Gurpreet Singh Bhatia 2018.07.20 16:04 I attest to the accuracy and authenticity of this document chandigarh

Crl. Misc. No. M-21894 of 2018 -2Mehta had died on 17.2.2018 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 19, 2018 Gurpreet Whether speaking/reasoned :

Yes Whether reportable :

No Gurpreet Singh Bhatia 2018.07.20 16:04 I attest to the accuracy and authenticity of this document chandigarh