Dharminder Kumar & ORS v. State Of Punjab & ORS

Crl. Misc. No. M-36584 of 2015 -1In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-36584 of 2015 Date of Decision: 26.9.2018 Dharminder Kumar and others ......Petitioners

Versus

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

Present:

Mr. Arun Luthra, Advocate for Mr. Manoj Kumar, Advocate for the petitioners.

Mr. Jagmohan Ghumman, DAG, Punjab.

Mr. Madhu Sharma, Advocate for respondents No. 2 and 3.

**** ANITA CHAUDHRY, J (ORAL) The instant petition is for quashing of FIR No. 114 dated 12.11.2011 registered under Sections 406, 498-A IPC, Police Station Mehatpur, District Jalandhar (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.

Report has been received from the trial Court after statements of the parties were recorded regarding the compromise. Complainant Joginder Kaur had made a statement that her daughter Sandeep Kaur (respondent No. 3) had gone abroad and she has also no objection if the FIR is quashed. The trial Court has reported that the compromise is genuine and voluntary. The trial Court has also sent the statements of the parties in original.

GURPREET SINGH 2018.09.27 10:17 I attest to the accuracy and authenticity of this document chandigarh

Crl. Misc. No. M-36584 of 2015 -2Learned counsel for the State on instructions submits that petitioners and Randhir Chand are the only accused but Randhir Chand had died 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 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 September 26, 2018 Gurpreet Whether speaking/reasoned :

Yes Whether reportable :

No GURPREET SINGH 2018.09.27 10:17 I attest to the accuracy and authenticity of this document chandigarh