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High Court of Punjab and HaryanaCRM-M/31007/2015allowed

Amit Sharma v. State Of Punjab And ANR

2016-09-14Mr Justice Rajiv Sharma2 pages

Crl. Misc. No. M-31007 of 2015 -1In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-31007 of 2015 Date of Decision: 14.9.2016 Amit Sharma ......Petitioner

Versus

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

Present:

Mr. K.P.Singh, Advocate for the petitioner.

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

None for respondent No. 2.

**** ANITA CHAUDHRY, J(ORAL) The instant petition is for quashing of FIR No. 27 dated 7.4.2015 registered under Sections 406, 498-A IPC, Police Station Woman PS, District Amritsar City 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 Chief Judicial Magistrate, Amritsar that the parties had appeared before Addl. Chief Judicial Magistrate, Amritsar and got recorded their statements that the matter has been compromised. Additional Chief Judicial Magistrate has also sent copy of the statements of parties.

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. Gurpreet Singh Bhatia 2016.09.17 11:50 I attest to the accuracy and authenticity of this document High Court Chandigarh

Crl. Misc. No. M-31007 of 2015 -2In 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 petitioner. Needless to say that parties shall remain bound by the terms of compromise and their statements made in the Court below. (ANITA CHAUDHRY) JUDGE September 14, 2016 Gurpreet Whether speaking/reasoned :

Yes Whether reportable :

No Gurpreet Singh Bhatia 2016.09.17 11:50 I attest to the accuracy and authenticity of this document High Court Chandigarh