High Court of Punjab and HaryanaCRM-M/28379/2015allowed

Mukesh Kumar And ORS v. State Of Punjab And ANR

2016-08-24Mr Justice Rajiv Sharma2 pages

Crl. Misc. No. M-28379 of 2015 -1In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-28379 of 2015 Date of Decision: 24.8.2016 Mukesh Kumar and others ......Petitioners

Versus

State of Punjab and another .....Respondents CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY

Present:

Mr. Vijay Lath, Advocate for the petitioners.

Mr. Sidakmeet Sandhu, AAG, Punjab.

None for respondent No. 2.

**** ANITA CHAUDHRY, J(ORAL) The instant petition is for quashing of FIR No. 53 dated 3.5.2014 registered under Sections 406, 498-A IPC, Police Station Nangal, Tehsil Nangal, District Rupnagar (Annexure P-1) and all 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, without any undue influence, pressure and coercion and is valid. The trial Court has also sent the statements of parties and copy of the compromise. 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.

Gurpreet Singh Bhatia 2016.08.29 11:46 I attest to the accuracy and authenticity of this document High Court Chandigarh

Crl. Misc. No. M-28379 of 2015 -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 petitioners. Needless to say that parties shall remain bound by the terms of compromise and their statements made in the Court below. (ANITA CHAUDHRY) JUDGE August 24, 2016 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No Gurpreet Singh Bhatia 2016.08.29 11:46 I attest to the accuracy and authenticity of this document High Court Chandigarh