High Court of Punjab and HaryanaCRM-M/3681/2015allowed

Karnail Singh v. State Of Punjab And ANR

2015-05-29Mr Justice Gurdev Singh2 pages

CRM-M-3681 of 2015 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-3681 of 2015 Date of Decision : 29.05.2015 Karnail Singh .......Petitioner

Versus

State of Punjab and another .....Respondents

CORAM:

HON'BLE MR. JUSTICE R.P. NAGRATH

Present:

Mr. Sandeep Arora, Advocate for the petitioner.

Mr. Gurveer Sidhu, AAG, Punjab.

Mr. Vijay Rana, Advocate 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. 55 dated 25.04.2013 for offence under Section 498-A of Indian Penal Code (IPC), registered at Police Station Lohian, District Jalandhar.

The report from the trial Court has been received after recording statements of the parties on the compromise and it is reported that the compromise reached between the parties is genuine, voluntary and without any pressure or coercion. The trial Court has also sent original statements made by the parties. Half of the amount of ` 7,50,000/- was paid to the complainant and equal amount has been deposited with the mediator Amarjeet Singh. It was agreed that the said amount would be paid after the FIR is quashed.

Learned counsel for the complainant submits that since JITENDER KUMAR 2015.05.29 17:39 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-3681 of 2015 -2the matter has been compromised, the instant petition may be allowed.

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 judgment 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. 55 dated 25.04.2013 for offence under Section 498-A IPC, Police Station Lohian, District Jalandhar 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.

May 29, 2015 (R.P. NAGRATH ) jk JUDGE JITENDER KUMAR 2015.05.29 17:39 I attest to the accuracy and authenticity of this document Chandigarh