High Court of Punjab and HaryanaCRM-M/23240/2014allowed

Sudama Alias Sudama Sikander v. State Of Punjab And ORS

2015-05-01Mr. Justice S.C. Malte2 pages

CRM-M-23240 of 2014 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-23240 of 2014 (O&M) Date of Decision : 01.05.2015 Sudama @ Sudama Sikander .......Petitioner

Versus

State of Punjab and others .....Respondents

CORAM:

HON'BLE MR. JUSTICE R.P. NAGRATH

Present:

Ms. Rishma Verma, Advocate for the petitioner.

Mr. Gurveer Sidhu, AAG, Punjab.

Mr. Sandeep Arora, Advocate for respondents no. 2 and 3.

R.P. NAGRATH, J. (Oral) The instant petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 121 dated 17.05.2013 for offence under Sections 354, 324, 323, 427 and 34 of Indian Penal Code (IPC), registered at Police Station Division No. 7, Jalandhar on the basis of compromise.

Report from the trial Court has been received. Learned State counsel on instructions from SI Surjit Singh submits that petitioner is the only accused and respondent no. 2 and 3 are the only aggrieved persons. FIR was recorded by respondent no. 2.

In deference to the order passed by this Court on 12.12.2014, the trial Court recorded the statements of both the parties on the compromise and reported that the compromise reached between the parties is voluntary and without any threat, pressure or JITENDER KUMAR 2015.05.02 12:23 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-23240 of 2014 -2undue influence. The trial Court has also sent the statements made by the parties.

No useful purpose would be served to continue with the proceedings before the trial Court in the instant FIR. Following 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 (P&H) and approved by the Hon'ble Supreme Court in Gian Singh vs. State of Punjab and others, (2012)10 SCC 303, this petition is allowed and FIR No. 121 dated 17.05.2013 for offences under Sections 354, 324, 323, 427 and 34 IPC, Police Station Division No. 7, Jalandhar and subsequent proceedings are quashed.

Needless to say that the parties shall remain bound by the terms and conditions of the compromise and the statements made by them.

Allowed in the above terms.

May 01, 2015 (R.P. NAGRATH ) jk JUDGE JITENDER KUMAR 2015.05.02 12:23 I attest to the accuracy and authenticity of this document Chandigarh