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High Court of Punjab and HaryanaCRM-M/37303/2017allowed

Gaurav Uppal And Others v. State Of Haryana And ANR

2018-07-20Mr Justice Rajiv Sharma2 pages

Crl. Misc. No. M-37303 of 2017 -1In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-37303 of 2017 Date of Decision: 20.7.2018 Gaurav Uppal and others ......Petitioners

Versus

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

Present:

Ms. Isha Goyal, Advocate for the petitioners.

Mr. Sharad Kumar Yadav, DAG, Haryana Mr. Vikrant Rana, Advocate for respondent No. 2.

**** ANITA CHAUDHRY, J (ORAL) The instant petition is for quashing of FIR No. 348 dated 3.7.2015 registered under Sections 498-A, 406 IPC, Police Station DLF Phase II, Gurgaon, Haryana (Annexure P-1) and all the consequent proceedings arising out of the same, on the basis of compromise arrived at between the parties.

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 parties have entered into compromise out of their own volition and the same is without any pressure or coercion. 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 respondent No. 2 is the only aggrieved Gurpreet Singh Bhatia 2018.07.24 10:22 I attest to the accuracy and authenticity of this document chandigarh

Crl. Misc. No. M-37303 of 2017 -2person 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 July 20, 2018 Gurpreet Whether speaking/reasoned :

Yes Whether reportable :

No Gurpreet Singh Bhatia 2018.07.24 10:22 I attest to the accuracy and authenticity of this document chandigarh