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High Court of Punjab and HaryanaCRM-M/24264/2015disposed of

Chamkaur Singh @ Gabhru And ORS v. State Of Punjab And ANR

2015-11-20Mr Justice Rajiv Sharma2 pages

Crl. Misc. No.M-24264 of 2015

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Crl. Misc. No.M-24264 of 2015 Date of decision : 20.11.2015 Chamkaur Singh @ Gabhru and others ......Petitioner(s)

Versus

State of Punjab and another

...Respondent(s)

CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY

Present:

Ms. Mansi Bansal, Advocate for the petitioners.

Mr. K.S. Aulakh, AAG, Punjab.

Mr. M.S. Tiwana, Advocate for respondent no.2.

**** ANITA CHAUDHRY, J(ORAL) The instant petition is for quashing of FIR No. 176 dated 27.09.2012 registered under Sections 324, 323, 341, 427, 148, 149 IPC (later on Challan under Sections 326, 325, 324, 323, 341, 427, 148, 149 IPC was presented), Police Station Mansa City, District Mansa and 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 voluntary and without any pressure or coercion. The trial Court has also sent copy of the statements of parties.

SUNIL SEHGAL 2015.11.21 12:46 I attest to the accuracy and authenticity of this document HIGH COURT CHANDIGARH

Crl. Misc. No.M-24264 of 2015 Learned counsel for the State on instructions submits that petitioners are the only accused and respondent no.2 is the only aggrieved 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 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. Needless to say that parties shall remain bound by the terms of compromise and their statements made in the Court below. 20.11.2015 (ANITA CHAUDHRY) sunil JUDGE SUNIL SEHGAL 2015.11.21 12:46 I attest to the accuracy and authenticity of this document HIGH COURT CHANDIGARH