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High Court of Punjab and HaryanaCRM-M/21856/2016allowed

Rishi Kaushal v. State Of Punjab And ANR

2016-11-23Mr Justice Rajiv Sharma2 pages

CRM-M-21856 of 2016(O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-21856 of 2016(O&M) Date of decision: 23.11.2016 Rishi Kaushal and ors.

..Petitioners

Versus

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

Present:

Mr. Vikram Bali, Advocate, for the petitioners.

Mr. K.S.Aulakh, AAG, Punjab None for respondent no.2.

ANITA CHAUDHRY, J. (Oral) The instant petition is for quashing of FIR No.210, dated 04.08.2015, registered under Section 406 and 498-A IPC, Police Station City Sangrur, Punjab 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 is voluntarily and without any pressure or coercion and out of their free will. The trial court has also sent photocopies of statements of parties. Learned counsel for the State on instructions submits that petitioners are the only accused and respondent no.2 is the only Naresh Kumar 2016.11.28 10:20 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-21856 of 2016(O&M) -2aggrieved 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. November 23, 2016 (ANITA CHAUDHRY) nt JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Naresh Kumar 2016.11.28 10:20 I attest to the accuracy and integrity of this document Chandigarh