Dinesh Kumar v. State Of Punjab & ANR

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision : 01.06.2016 Dinesh Kumar ...... Petitioner versus State of Punjab and another ... Respondents CORAM:- HON'BLE MRS. JUSTICE ANITA CHAUDHRY

Present:

Mr.Sarfraj Hussain, Advocate for the petitioner.

Mr. Deep Singh, AAG, Punjab.

Mr.Sachin Bhardwaj, Advocate for respondent No.2.

-- ANITA CHAUDHRY, J.

Through the instant petition, the petitioner is seeking quashing of FIR No. 06 dated 11.01.2015, registered under Sections 498-A, 34 IPC, Police Station Nangal, District Rupnagar, Punjab and consequent proceedings taken therein on the basis of compromise.

Report has been received from the trial court after recording statements of the parties regarding compromise. Trial Court has reported that the compromise is voluntary and without any pressure or coercion.

Statement of the petitioner has been recorded in Court today in which he stated that two FDRS had been prepared and

handed over to the complainant which is in the name of Madhvi Sharma and the nominee is the mother and the mode of operation would be with the mother and he will have no objection.

Statement of the father of the complainant has also been recorded in which he stated that the case filed by his daughter is pending in Una Court in FIR No.143 dated 30.05.2015 under Section 406 IPC P.S.Haroli, District Una and an application has been filed for withdrawal and the statement has been given by his daughter.

Learned State counsel submits that the petitioner is the only accused and respondent No.2, being the complainant, is the only aggrieved person in the FIR.

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 petition is allowed and the aforesaid FIR and all consequent proceedings conducted therein are quashed. Needless to say that parties shall remain bound by the terms of compromise.

(ANITA CHAUDHRY) JUDGE

June 01, 2016 anju