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High Court of Punjab and HaryanaCRM-M/3682/2015allowed

Shingara Singh And ORS v. State Of Punjab And ANR

2015-05-29Mr Justice Gurdev Singh2 pages

CRM-M-3682 of 2015 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-3682 of 2015 Date of Decision : 29.05.2015 Shingara Singh and others .......Petitioners

Versus

State of Punjab and another .....Respondents

CORAM:

HON'BLE MR. JUSTICE R.P. NAGRATH

Present:

Mr. Harish Tewari, Advocate for the petitioners.

Mr. Gurveer Sidhu, AAG, Punjab.

R.P. NAGRATH, J. (Oral) The instant petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 268 dated 26.11.2011 for offences under Sections 406 and 498-A of Indian Penal Code (IPC), registered at Police Station Nakodar, District Jalandhar and all other consequential proceedings, on the basis of compromise. Learned State counsel on instructions from ASI Kulwinder Singh submits that petitioners are the only accused and respondent no. 2 is the only aggrieved person, who recorded the FIR. The report from the trial Court has been received after recording statement of parties and it is reported that the compromise reached between the parties is valid, voluntary and without any pressure. The trial Court has also sent the original statement made by respondent no. 2 and photocopy of joint statement made by petitioners.

No useful purpose would be served to continue with the proceedings before the trial Court in the instant FIR. JITENDER KUMAR 2015.05.29 17:39 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-3682 of 2015 -2Following 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. 268 dated 26.11.2011 for offences under Sections 406 and 498-A IPC, Police Station Nakodar, 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