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High Court of Punjab and HaryanaCRM-M/4613/2016allowed

Bikkar Singh v. State Of Punjab And ANR

2016-07-13Mr Justice Rajiv Sharma2 pages

Crl. Misc. No. M-4613 of 2016 -1In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-4613 of 2016 Date of Decision: 13.07.2016 Bikkar Singh ......Petitioner

Versus

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

Present:

Mr. Rajesh Pal, Advocate for the petitioner.

Ms. Harsimrat Rai, DAG, Punjab.

Mr. R.K.Arya, Advocate for respondent No. 2.

**** ANITA CHAUDHRY, J(ORAL) The instant petition is for quashing of FIR No. 3 dated 6.1.2016 registered under Sections 354-A, 323, 506, 34 IPC, Police Station Nayagaon, District SAS Nagar, Mohali (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 and without any pressure and undue influence. The trial Court has also sent copy of the statements of parties and the compromise.

Learned counsel for the State on instructions submits that GURPREET SINGH 2016.07.15 12:32 I attest to the accuracy and authenticity of this document High Court Chandigarh

Crl. Misc. No. M-4613 of 2016 -2petitioner is the only accused and respondent No. 2 is the only aggrieved 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 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 13, 2016 Gurpreet GURPREET SINGH 2016.07.15 12:32 I attest to the accuracy and authenticity of this document High Court Chandigarh