Munish Sharma v. State Of Punjab And ANR

Crl. Misc. No. M-45131 of 2018 -1In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-45131 of 2018 Date of Decision: 13.12.2018 Munish Sharma ......Petitioner

Versus

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

Present:

Mr. L.S.Chahal, Advocate for the petitioner.

Ms. Simran Grewal, AAG, Punjab.

Mr. B.R.Garg, Advocate for respondent No. 2.

**** ANITA CHAUDHRY, J (ORAL) The instant petition is for quashing of FIR No. 62 dated 30.6.2018 registered under Sections 354-A, 354-D, 506, 431 IPC, Police Station Jalandhar Cantt (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 parties have compromised the matter with their free will and without any pressure and undue influence. The trial Court has also sent the statements of the parties in original.

Learned counsel for the State on instructions submits that petitioner is the only accused and respondent No. 2 is the only aggrieved GURPREET SINGH 2018.12.14 16:14 I attest to the accuracy and authenticity of this document chandigarh

Crl. Misc. No. M-45131 of 2018 -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 December 13, 2018 Gurpreet Whether speaking/reasoned :

Yes Whether reportable :

No GURPREET SINGH 2018.12.14 16:14 I attest to the accuracy and authenticity of this document chandigarh