Satish Kumar & ORS v. State Of Punjab & ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-5459-2016 Date of Decision : 25.07.2016 Satish Kumar & Ors.

...... Petitioners

Versus

State of Punjab & Anr.

...... Respondents CORAM:- Hon'ble Mrs. Justice Anita Chaudhry

Present:

Mr. Manish Verma, Advocate for the petitioners.

Mr. Deep Singh, AAG, Punjab.

***** Anita Chaudhry , J.(Oral) The instant petition is for quashing of FIR No. 15 dated 26.01.2013 filed under Sections 406, 498-A, 323, 34 IPC registered at Police Station Women Cell District Jalandhar and 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 compromise is voluntary and without any pressure or coercion. The trial Court has also sent copy of the statements of parties.

Learned State counsel on instructions submits that petitioners are the accused and respondent No. 2 is the complainant/aggrieved person in this case.

SATYAWAN 2016.07.28 10:16 I attest to the accuracy and authenticity of this document High Court Chandigarh

No useful purpose would be served to keep the said 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 the consequent proceedings arisen out of the same are quashed qua the petitioners.

Needless to say that parties shall remain bound by the terms of compromise and their statements made in the Court below.

(Anita Chaudhry) 25.07.2016 Judge sp SATYAWAN 2016.07.28 10:16 I attest to the accuracy and authenticity of this document High Court Chandigarh