High Court of Punjab and HaryanaCRM-M/35811/2018allowed

Puchhan @ Pushpender And Orss v. State Of Haryana And ORS

2018-10-17Mr. Justice Rajesh Bhardwaj2 pages

Crl. Misc. No. M-35811 of 2018 -1In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-35811 of 2018 Date of Decision: 17.10.2018 Puchhan @ Pushpender and another ......Petitioners

Versus

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

Present:

Mr. Johan Kumar, Advocate for the petitioners.

Mr. Arun Kumar, AAG, Haryana Mr. R.S.Chauhan, Advocate for respondents No. 2 to 7.

**** ANITA CHAUDHRY, J (ORAL) The instant petition is for quashing of FIR No. 269 dated 4.6.2018 registered under Sections 148, 149, 323, 354-B, 452, 506 IPC and Section 25 of Arms Act, Police Station Sadar Ballabgarh, District Faridabad (Annexure P-1) and all the consequent proceedings arising out of the same, on the basis of compromise (Annexure P-2) arrived at between the parties. Reply has been filed by the State which is taken on record. 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 genuine and valid. The trial Court has also sent the statements of the parties in original. Learned counsel for the State on instructions submits that petitioners are the only accused and respondents No. 2 to 7 are the only aggrieved person in this FIR.

GURPREET SINGH 2018.10.22 10:17 I attest to the accuracy and authenticity of this document chandigarh

Crl. Misc. No. M-35811 of 2018 -2No 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 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 October 17, 2018 Gurpreet Whether speaking/reasoned :

Yes Whether reportable :

No GURPREET SINGH 2018.10.22 10:17 I attest to the accuracy and authenticity of this document chandigarh