Sachin Joshi And ANR v. State Of Punjab And ANR
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CRL. MISC. No.M-3612 OF 2015 DATE OF DECISION : 2 nd NOVEMBER, 2015 Sachin Joshi & another .... Petitioners
Versus
State of Punjab & another .... Respondents CORAM : HON'BLE MRS. JUSTICE ANITA CHAUDHRY * * * * Present :
Mr. Harkaram Singh, Advocate for Mr. B. S. Bhalla, Advocate for the petitioners. Mr. K. S. Aulakh, AAG, Punjab.
Ms. Lovedeep Kaur, Avocate for respondent No.2. * * * * ANITA CHAUDHRY, J. (ORAL) The instant petition is for quashing of FIR No.115 dated 22.12.2008 registered under Sections 341 and 354 IPC at Police Station Badhni Kalan, District Moga and the consequent proceedings arising out of the same, on the basis of written compromise arrived at between the parties.
Report has been received from learned SDJM, Nihal Singh Wala after statements of the parties were recorded regarding the compromise. Learned SDJM has reported that the compromise is voluntary and without any pressure or coercion. Learned SDJM has also sent copy of the statements of parties.
CRL. MISC. No.M-3612 OF 2015 (O&M) -2Learned 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.
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. 2nd NOVEMBER, 2015 'raj'
(ANITA CHAUDHRY) JUDGE RAJ KUMAR 2015.11.03 14:41 I attest to the accuracy and integrity of this document