Shitanshu Aery v. State Of Punjab And ANR

Crl. Misc. No. M-5105 of 2016 (O&M) -1- In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-5105 of 2016 (O&M) Date of Decision: 03.8.2016 Shitanshu Aery ......Petitioner

Versus

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

Present:

Ms. Anju Bansal, Advocate for Mr. Nakul Sharma, Advocate for the petitioner.

Mr. J.S.Bhullar, AAG, Punjab.

Mr. Tapish Gupta, Advocate for respondent No. 2.

**** ANITA CHAUDHRY, J(ORAL) The instant petition is for quashing of FIR No. 77 dated 11.3.2014 registered under Sections 406, 498-A IPC, Police Station Sadar Ferozepur, District Ferozepur (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 genuine, voluntary and out of the free will of the parties.

Learned counsel for the State on instructions submits that petitioner is the only accused and respondent No. 2 is the only aggrieved person in this FIR.

GURPREET SINGH 2016.08.05 11:35 I attest to the accuracy and authenticity of this document High Court Chandigarh

Crl. Misc. No. M-5105 of 2016 (O&M) -2No 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 August 03, 2016 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No GURPREET SINGH 2016.08.05 11:35 I attest to the accuracy and authenticity of this document High Court Chandigarh