High Court of Punjab and HaryanaCRM-M/4070/2015allowed

Surinder Singh And ANR v. State Of Punjab And ANR

2015-05-01Mr Justice Gurdev Singh2 pages

CRM-M-4070 of 2015 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-4070 of 2015 Date of Decision : 01.05.2015 Surinder Singh and another .......Petitioners

Versus

State of Punjab and another .....Respondents

CORAM:

HON'BLE MR. JUSTICE R.P. NAGRATH

Present:

Mr. I.P.S. Bhinder, Advocate for Mr. H.S. Saini, 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. 135 dated 19.04.2008 for offences under Sections 420, 467, 468 and 471 of Indian Penal Code (IPC), registered at Police Station Phase 1, SAS Nagar, Mohali. Report from the trial Court has been received. Learned State counsel on instructions from HC Lakhbir Singh submits that petitioners are the only accused and respondent no. 2 is the only aggrieved person, who recorded the FIR. In deference to the order passed by this Court on 09.02.2015, the trial Court recorded the statements of both the parties on the compromise and reported that the compromise reached between the parties is voluntary and without any fear, force or pressure. The trial Court has also sent copies of the statements made by the parties.

JITENDER KUMAR 2015.05.02 12:23 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-4070 of 2015 -2No useful purpose would be served to continue with the proceedings before the trial Court in the instant FIR. Following 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. 135 dated 19.04.2008 for offences under Sections 420, 467, 468 and 471 IPC, Police Station Phase 1, SAS Nagar, Mohali 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.

Allowed in the above terms.

May 01, 2015 (R.P. NAGRATH ) jk JUDGE JITENDER KUMAR 2015.05.02 12:23 I attest to the accuracy and authenticity of this document Chandigarh