Lakhwinder Singh And ORS v. State Of Punjab And ANR

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Crl. Misc. No. M-21808 of 2015 Date of decision : 20.11.2015 Lakhwinder Singh & Ors.

...... Petitioners versus State of Punjab and Anr.

... Respondents with Crl. Misc. No. M-21818 of 2015 Gurmeet Singh & Ors.

...... Petitioners versus State of Punjab and Ors.

... Respondents CORAM:- HON'BLE MRS. JUSTICE ANITA CHAUDHRY

Present:

Mr. P.K.S. Phoolka, Advocate for petitioners in CRM No. M-21808 of 2015 and for respondent nos.2 to 4 in CRM No.M-21818 of 2015. Mr. Davinder Kumar, Advocate for petitioners in CRM No. M-21818 of 2015 and for respondent no.2 in CRM No.M-21808 of 2015. Mr. K.S. Aulakh, AAG, Punjab.

ANITA CHAUDHRY, J.

Above-referred petitions are being disposed of by this common order being connected to each other.

By way of Crl. Misc. No. M-21808 of 2015, petitioners Lakhwinder Singh and two others are seeking quashing of FIR No. 91 dated 05.11.2013, registered under Sections 307, 323, 341, 506, 34 IPC at Police Station Sadar Bathinda, District Bathinda. Petitioners Gurmeet Singh and six others had filed Crl. Misc. No. M-21818 of 2015 and are seeking quashing of cross-version SUNIL SEHGAL 2015.11.21 12:46 I attest to the accuracy and authenticity of this document HIGH COURT CHANDIGARH

 vide Rapat No. 25 dated 09.11.2013, registered under Sections 323, 324, 148, 149 IPC (Section 326 IPC added later on), recorded in the aforesaid FIR and consequent proceedings taken therein, on the basis of compromise.

Report has been received from the trial Court after recording statements of the parties on compromise. Trial Court has also sent copies of statements of parties recorded by it, which reveal that compromise is voluntary and without any pressure or coercion.

Learned State counsel submits that the parties in both the petitions are the persons involved in the FIR and crossversion Rapat. No useful purpose would be served to keep the FIR pending.

In view of the statements made by the parties and the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh & Ors. Vs. State of Punjab & Anr. 2007(3) RCR(Crl.) 1052, approved by Hon'ble the Apex Court in Gian Singh Vs. State of Punjab & Ors. 2012(10) SCC 303, the instant petitions are allowed and the aforesaid FIR and the crossversion Rapat recorded therein and consequent proceedings conducted therein are quashed.

Needless to say that parties shall remain bound by the terms of compromise.

(ANITA CHAUDHRY) 20.11.2015 JUDGE Sunil SUNIL SEHGAL 2015.11.21 12:46 I attest to the accuracy and authenticity of this document HIGH COURT CHANDIGARH