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High Court of Punjab and HaryanaCRM-M/40121/2015allowed

Gurpreet Singh v. State Of Punjab And Another

2016-04-27Mr Justice Rajiv Sharma2 pages

Crl. Misc. No. M-40121 of 2015 -1- In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-40121 of 2015 Date of Decision: 27.04.2016 Gurpreet Singh @ Laddy ......Petitioner

Versus

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

Present:

Mr. Prashant Bansal, Advocate for the petitioners.

Ms. Harsimrat Rai, DAG, Punjab.

Mr. Sumit Dua, Advocate for respondent No. 2.

**** ANITA CHAUDHRY, J(ORAL) The instant petition is for quashing of FIR No. 302 dated 28.11.2001 registered under Sections 341, 354 IPC, Police Station Rajpura City, District Patiala (Annexure P-1) 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 compromise is voluntary, without any pressure and coercion and the same is genuine one. The trial Court has also sent copy of the statements of parties and the compromise.

Learned counsel for the State on instructions submits that petitioner is the only accused and respondent No. 2 is the only GURPREET SINGH 2016.05.04 10:23 I attest to the accuracy and authenticity of this document High Court Chandigarh

Crl. Misc. No. M-40121 of 2015 -2aggrieved person 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 April 27, 2016 Gurpreet GURPREET SINGH 2016.05.04 10:23 I attest to the accuracy and authenticity of this document High Court Chandigarh