Nirmal Singh @ Nirmaljit Singh v. State Of Punjab And Another

CRM-M-42784 of 2014 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-42784 of 2014 (O&M) Date of Decision : 18.05.2015 Nirmal Singh @ Nirmaljit Singh .......Petitioner

Versus

State of Punjab and another .....Respondents

CORAM:

HON'BLE MR. JUSTICE R.P. NAGRATH

Present:

Mr. Vivek Salathia, Advocate for the petitioner.

Mr. Gurveer Sidhu, AAG, Punjab.

Mr. Vikas Gupta, Advocate for respondent no. 2.

R.P. NAGRATH, J. (Oral) The instant petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 105 dated 29.11.2014 for offences under Sections 498-A, 406 and 323 of Indian Penal Code (IPC), registered at Police Station Rangar Nangal, District Gurdaspur and all other consequential proceedings, on the basis of compromise. Learned State counsel on instructions from SI Pargat Singh submits that petitioner is the only accused and respondent no. 2 is the only aggrieved person, who recorded the FIR. The report from the trial Court has been received after recording statement of respondent no. 2 and the petitioner and it is reported that the compromise reached between the parties is genuine, voluntary and without any pressure, coercion. It is also reported that the parties are residing together. The trial Court has also sent original statements made by the parties. JITENDER KUMAR 2015.05.19 16:47 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-42784 of 2014 -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. 105 dated 29.11.2014 for offences under Sections 498A, 406 and 323 IPC, registered at Police Station Rangar Nangal, District Gurdaspur 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.

May 18, 2015 (R.P. NAGRATH ) jk JUDGE JITENDER KUMAR 2015.05.19 16:47 I attest to the accuracy and authenticity of this document Chandigarh