High Court of Punjab and HaryanaCRM-M/30954/2014allowed

Shiv Nath & ORS v. State Of Punjab & ANR

2015-04-30Mr Justice Gurdev Singh2 pages

CRM-M-30954 of 2014 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-30954 of 2014 Date of Decision : 30.04.2015 Shiv Nath and others .......Petitioners

Versus

State of Punjab and another .....Respondents

CORAM:

HON'BLE MR. JUSTICE R.P. NAGRATH

Present:

Mr. Jaswinder Singh, Advocate for the petitioners.

Mr. Gurveer Sidhu, AAG, Punjab.

Mr. Aman Deep Singh Rai, Advocate for respondent no. 2.

R.P. NAGRATH, J. (Oral) The instant petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 52 dated 20.04.2013 for offence under Sections 448, 324, 323, 506 and 34 of Indian Penal Code (IPC), registered at Police Station Sohana, District Mohali on the basis of compromise dated 20.08.2014 (Annexure P-2). Report from the trial Court has been received. Learned counsel for respondent no. 2 does not dispute the compromise.

Learned State counsel on instructions from HC Gurpal Singh submits that petitioners are the only accused and respondent no. 2 is the only injured, who recorded the FIR. In deference to the order passed by this Court on 25.11.2014, the trial Court recorded the statements of both the parties on the compromise and reported that the compromise reached JITENDER KUMAR 2015.05.01 10:16 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-30954 of 2014 -2between the parties is voluntary and valid. The trial Court has also sent the statements made by the parties.

No useful purpose would be served to continue with the proceedings before the trial Court in the instant FIR. 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. 52 dated 20.04.2013 for offence under Sections 448, 324, 323, 506 and 34 IPC and subsequent proceedings are quashed. Needless to say that the parties shall remain bound by the terms and conditions of the compromise and the statements made by them.

Allowed in the above terms.

April 30, 2015 (R.P. NAGRATH ) jk JUDGE JITENDER KUMAR 2015.05.01 10:16 I attest to the accuracy and authenticity of this document Chandigarh