Anil Kaushal & ORS v. State Of Punjab & ORS




    
  CRL. MISC. No.M-23690 OF 2015 (O&M) DATE OF DECISION : 3rd DECEMBER, 2015 Anil Kaushal & another .... Petitioners

Versus

State of Punjab & others .... Respondents CORAM : HON'BLE MRS. JUSTICE ANITA CHAUDHRY * * * * Present : Mr. Munish Bhardwaj, Advocate for the petitioners. Mr. K. S. Aulakh, Assistant Advocate General, Punjab. None for respondent No.4.





    The instant petition is for quashing of FIR No.36 dated 11.03.2015 registered under Sections 406, 420, 465, 467, 468 and 471 at Police Station Maqsudan, District Jalandhar and the consequent proceedings arising out of the same, on the basis of written compromise (Annexure P-2) arrived at between the parties. Report has been received from learned JMIC, Jalandhar after statements of the parties were recorded regarding the compromise. Learned JMIC has reported that the compromise is voluntary and without any pressure or coercion. Learned JMIC has also sent copy of the statements of parties.

Learned counsel for the State on instructions submits that petitioners are the only accused and respondent no.4 is the only aggrieved person in this FIR.

RAJ KUMAR 2015.12.05 16:47 I attest to the accuracy and integrity of this document


 

  -2No 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 petitioner(s).

Needless to say that parties shall remain bound by the terms of compromise and their statements made in the Court below.

3rd DECEMBER



 

  

  

  

       RAJ KUMAR 2015.12.05 16:47 I attest to the accuracy and integrity of this document