High Court of Punjab and HaryanaCRM-M/48364/2018allowed

Tarsem Kumar @ Tarsem Paul v. State Of Punjab & ANR

2019-05-31Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-48364-2018 Decided on : 31.05.2019 Tarsem Kumar @ Tarsem Paul . . . Petitioner

Versus

State of Punjab and another . . . Respondents CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL PRESENT: Mr. Ajay Bajaj, Advocate for the petitioner.

Mr. Ashok Kumar Singla, Sr. DAG, Punjab.

Mr. Pawan Kumar Bansal, Advocate for respondent No.2.

**** MANJARI NEHRU KAUL , J. (Oral) The instant petition filed under Section 482 Cr.PC is for quashing of FIR No.185 dated 17.10.2018 registered under Section 16 of the Cable Television Network (Regulation) Act, 1995, Sections 65 and 66 of Information Technology Act and Section 420 IPC at Police Station Guruharsahai, District Ferozepur and the subsequent proceedings arising therefrom on the basis of compromise deed dated 26.10.2018 (Annexure P-3) arrived at between the parties. Vide order dated 21.02.2019, parties had been directed to appear before the trial Court/Illaqa Magistrate on 26.03.2019 to get their statements recorded with regard to the factum of compromise arrived at between them. As per the report dated 27.03.2019 received from Addl. Civil Judge (Sr. Division), Guruharsahai, the compromise is voluntary and without any pressure or coercion. The trial Court has also sent copy of the statements of parties.

SONIA BURA 2019.05.31 16:11 I attest to the accuracy and integrity of this document chandigarh

CRM-M-48364-2018 - 2 - Learned State counsel submits that petitioner is the only accused person and respondent No.2 is the only aggrieved person in this FIR. In view of the statements and report of the Ld. Addl. Civil Judge (Sr. Division), Guruharsahai 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, and also by Supreme 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. (MANJARI NEHRU KAUL) JUDGE May 31, 2019 sonia Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No SONIA BURA 2019.05.31 16:11 I attest to the accuracy and integrity of this document chandigarh