Vijay Kumar Walia v. Ut Of Chandigarh And ANR

Crl. Misc. No. M-4007 of 2016 (O&M) -1In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-4007 of 2016 (O&M) Date of Decision: 10.7.2017 Vijay Kumar Walia ......Petitioner

Versus

State of U.T., Chandigarh and another .....Respondents CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY

Present:

Mr. Atul Kaushik, Advocate for the petitioner.

Mr. G.S.Chahal, APP for U.T., Chandigarh.

Mr. Mandeep Kaushik, Advocate for respondent No. 2.

**** ANITA CHAUDHRY, J(ORAL) The instant petition is for quashing of FIR No. 377 dated 1.8.2015 registered under Sections 354, 511 IPC (challan presented under section 354/509 IPC), Police Station Sector-34, Chandigarh and all the consequent proceedings arising out of the same, on the basis of written 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 settled the matter voluntarily and without any pressure or coercion. The trial Court has also sent the copy of the statements of the parties.

Learned counsel for the State on instructions submits that petitioner is the only accused and respondent No. 2 is the only aggrieved Gurpreet Singh Bhatia 2017.07.11 13:58 I attest to the accuracy and authenticity of this document Chandigarh

Crl. Misc. No. M-4007 of 2016 (O&M) -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 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 July 10, 2017 Gurpreet Whether speaking/reasoned :

Yes Whether reportable :

No Gurpreet Singh Bhatia 2017.07.11 13:58 I attest to the accuracy and authenticity of this document Chandigarh