Amandeep Khana & ORS v. State Of Punjab & ANR

Crl. Misc. No. M-47905 of 2018 -1In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-47905 of 2018 Date of Decision: 18.12.2018 Amandeep Khana and others ......Petitioners

Versus

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

Present:

Mr. Ritesh Pandey, Advocate for the petitioners.

Ms. Jaspreet Kaur, AAG, Punjab.

None for respondent No. 2.

**** ANITA CHAUDHRY, J (ORAL) The instant petition is for quashing of FIR No. 71 dated 23.5.2017 registered under Sections 498-A, 406, 116 IPC, Police Station City Batala (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. Petitioner No. 1 also suffered statement on behalf of petitioner No. 2 Saroj Khanna being her General Power of Attorney. The trial Court has reported that parties have made statements with regard to compromise. The trial Court has also sent the statements of the parties in original.

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

GURPREET SINGH 2018.12.19 15:46 I attest to the accuracy and authenticity of this document chandigarh

Crl. Misc. No. M-47905 of 2018 -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 petitioners. 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 18, 2018 Gurpreet Whether speaking/reasoned :

Yes Whether reportable :

No GURPREET SINGH 2018.12.19 15:46 I attest to the accuracy and authenticity of this document chandigarh