Kulwinder Singh @ Kinda And ORS v. State Of Punjab & ORS




    
  CRL. MISC. No.M-26229 OF 2015 (O&M) DATE OF DECISION : 3rd DECEMBER, 2015 Kulwinder Singh @ Kinda & others .... Petitioners

Versus

State of Punjab & others .... Respondents CORAM : HON'BLE MRS. JUSTICE ANITA CHAUDHRY * * * * Present : Mr. Gurmeet Singh Saini, Advocate for the petitioner. Mr. K. S. Aulakh, Assistant Advocate General, Punjab. Mr. R. S. Sekhon, Advocate for Mr. Balraj Singh Sidhu, Advocate for respondents No.2 & 3.





    The instant petition is for quashing of FIR No.287 dated 18.10.2014 registered under Sections 452, 354, 323, 34 IPC at Police Station City Ferozepur, District Ferozepur 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 CJM, Ferozepur after statements of the parties were recorded regarding the compromise. Learned CJM has reported that the compromise is voluntary and without any pressure or coercion. Learned CJM has also sent copy of the statements of parties.

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


 

  -2Learned counsel for the State on instructions submits that petitioners are the only accused and respondents no.2 & 3 are 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 qua the petitioners.

Needless to say that the 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