Avtar Singh v. State Of Punjab And ANR.

Crl. Misc. No. M-34248 of 2017 (O&M) -1In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-34248 of 2017 (O&M) Date of Decision: 30.10.2018 Avtar Singh ......Petitioner

Versus

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

Present:

Ms. Jaspreet Kaur, Advocate for Mr. Mandeep Singh Sachdev, Advocate for the petitioner.

Ms. Jaspreet Kaur, AAG, Punjab.

Mr. Akashdeep Miglani, Advocate for Ms. Jatinder Jit Kaur, Advocate for respondent No. 2.

**** ANITA CHAUDHRY, J (ORAL) The instant petition is for quashing of FIR No. 16 dated 24.6.2017 registered under Sections 498-A IPC, Police Station NRI Jalandhar Rural, District Jalandhar (Annexure P-1) and all the consequent proceedings arising out of the same, on the basis of compromise arrived at between the parties.

Report had been received from the trial Court after statements of the parties were recorded regarding the compromise. CJM, Jalandhar had expressed doubt regarding genuineness of the compromise as the statement was made by the attorney of the petitioner who was the lawyer. The petitioner is abroad, he was asked to place his affidavit duly notarized. The affidavit along with copy of the passport has been filed today.

GURPREET SINGH 2018.11.02 12:03 I attest to the accuracy and authenticity of this document chandigarh

Crl. Misc. No. M-34248 of 2017 (O&M) -2Learned counsel for the State on instructions submits that petitioner is 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. 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 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 October 30, 2018 Gurpreet Whether speaking/reasoned :

Yes Whether reportable :

No GURPREET SINGH 2018.11.02 12:03 I attest to the accuracy and authenticity of this document chandigarh