Munish Sharma & ANR. v. State Of Punjab & ANR.

CRM-M-3467 of 2015 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-3467 of 2015 (O&M) Date of Decision : 28.08.2015 Munish Sharma and another .......Petitioners

Versus

State of Punjab and another .....Respondents

CORAM:

HON'BLE MR. JUSTICE R.P. NAGRATH

Present:

Mr. Naresh Gopal Sharma, Advocate for the petitioners.

Mr. Gurveer Sidhu, AAG, Punjab.

None 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. 117 dated 03.10.2014 for offences under Sections 406 and 498-A of Indian Penal Code (IPC), registered at Police Station Women Cell, Ludhiana and all consequent proceedings arising therefrom, on the basis of compromise dated 18.10.2014 (Annexure P-2).

Report from the trial Court has been received after recording statement of respondent no. 2 and the petitioners and it is reported that the compromise reached between the parties is genuine, voluntary and without any pressure or coercion. Learned State counsel on instructions from HC Jasbir Singh submits that petitioners are the only accused and respondent no. 2 is the only aggrieved, who recorded the FIR. 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 JITENDER KUMAR 2015.08.29 12:52 I attest to the accuracy and integrity of this document

CRM-M-3467 of 2015 -2judgment 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. 117 dated 03.10.2014 for offences under Sections 406 and 498-A IPC, Police Station Women Cell, Ludhiana 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.

August 28, 2015 (R.P. NAGRATH ) jk JUDGE JITENDER KUMAR 2015.08.29 12:52 I attest to the accuracy and integrity of this document