High Court of Punjab and HaryanaCRM-M/34383/2015allowed

Bhupinder Singh And ORS v. State Of Punjab And ORS

2016-05-20Mr Justice Rajiv Sharma2 pages

Crl. Misc. No. M-34383 of 2015 -1- In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-34383 of 2015 Date of Decision: 20.05.2016 Bhupinder Singh and others ......Petitioners

Versus

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

Present:

Mr. Vijay Lath, Advocate for the petitioners.

Ms. Harsimrat Rai, DAG, Punjab.

Mr. Surinder Sharma, Advocate for respondent No. 2.

**** ANITA CHAUDHRY, J(ORAL) The instant petition is for quashing of FIR No. 6 dated 30.5.2013 registered under Sections 406, 498-A IPC, Police Station NRI Shaheed Bhagat Singh Nagar, District Shaheed Bhagat Singh Nagar, Punjab (Annexure P-1) and all the consequent proceedings arising out of the same, on the basis of written compromise dated 5.7.2015 (Annexure P-2) arrived at between the parties including the order dated 28.1.2014 (Annexure P-6).

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 and without any pressure or undue influence. The trial Court has also sent copy of the statements of parties.

Learned counsel for the State on instructions submits GURPREET SINGH 2016.05.23 12:35 I attest to the accuracy and authenticity of this document High Court Chandigarh

Crl. Misc. No. M-34383 of 2015 -2that petitioners are the only accused and respondents No. 2 and 3 are the only aggrieved persons 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 including the order dated 28.1.2014 (Annexure P-6) declaring petitioner No. 3-Satvinder Singh proclaimed offender 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 May 20, 2016 Gurpreet GURPREET SINGH 2016.05.23 12:35 I attest to the accuracy and authenticity of this document High Court Chandigarh