Nishan Singh And ORS v. State Of Punjab And ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M No. 27034 of 2014 Date of Decision: 24.04.2015 Nishan Singh & others ......Petitioners Vs State of Punjab and another .....Respondents CORAM: HON'BLE MR. JUSTICE R.P. NAGRATH

Present:

Mr. Parveen Sharma, Advocate for Mr. Pawan Kumar Gupta, Advocate for the petitioners.

Mr. Gurveer Sidhu, AAG, Punjab.

Mr. Bhupender Singh, Advocate for respondent No.2.

**** 1.

Whether Reporters of local papers may be allowed to see the judgment ?

2.

To be referred to the Reporters or not ?

3.

Whether the judgment should be reported in the Digest? R.P. NAGRATH, J. (Oral) The instant petition has been filed for quashing FIR No.92 dated 01.09.2013 under Sections 341, 323, 324, 34 IPC, Police Station Garhshankar, District Hoshiarpur and the subsequent proceedings on the basis of written compromise arrived at between the parties.

Report from the trial Court has been received after recording statements of parties, alongwith original statements. It is reported that compromise is voluntary and without any coercion or undue influence.

Learned State counsel on instructions from ASI Balwinder Singh submits that petitioners are the only accused in this FIR, which SATYAWAN 2015.04.27 10:22 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M No. 27034 of 2014 -2was recorded by respondent No.2 who is the only aggrieved person/injured.

No useful purpose would be served in continuing the proceedings in this case in view of the compromise arrived at between them.

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.92 dated 01.09.2013 under Sections 341, 323, 324, 34 IPC, Police Station Garhshankar, District Hoshiarpur and the subsequent proceedings conducted on the basis thereof, are quashed. Needless to say that parties shall remain bound by the terms of compromise and their statements.

24.04.2015 (R.P. NAGRATH) 'sp'

JUDGE SATYAWAN 2015.04.27 10:22 I attest to the accuracy and authenticity of this document High Court Chandigarh