Jaswant Singh v. State Of Punjab And ANR.

Crl. Misc. No. M-38663 of 2017 -1In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-38663 of 2017 Date of Decision: 12.11.2018 Jaswant Singh ......Petitioner

Versus

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

Present:

Mr. V.P.S.Mithewal, Advocate for the petitioner.

Mr. Jagmohan Ghumman, DAG, Punjab.

Mr. Vikram Satpal, Advocate for respondent No. 2.

**** ANITA CHAUDHRY, J (ORAL) The instant petition is for quashing of FIR No. 48 dated 31.3.2017 registered under Sections 354 IPC and Section 3/4 of POCSO Act, Police Station Machhiwara Sahib, Police District Khanna (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 compromise is genuine. The trial Court has also sent the statements of the parties and the compromise. Learned counsel for the State on instructions submits that petitioner is the only accused and respondent No. 2 and the victim are the only aggrieved persons in this FIR.

GURPREET SINGH 2018.11.13 10:08 I attest to the accuracy and authenticity of this document chandigarh

Crl. Misc. No. M-38663 of 2017 -2No 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 petitioner. Needless to say that parties shall remain bound by the terms of compromise and their statements made in the Court below. (ANITA CHAUDHRY) JUDGE November 12, 2018 Gurpreet Whether speaking/reasoned :

Yes Whether reportable :

No GURPREET SINGH 2018.11.13 10:08 I attest to the accuracy and authenticity of this document chandigarh