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High Court of Punjab and HaryanaCRM-M/47759/2017allowed

Anuj Sharma And Others v. State Of Punjab And Others

2018-02-27Mr Justice Rajiv Sharma2 pages

Crl. Misc. No. M-47759 of 2017 -1In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-47759 of 2017 Date of Decision: 27.2.2018 Anuj Sharma and others ......Petitioners

Versus

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

Present:

Mr. Avind Mittal, Advocate for the petitioners.

Mr. Rahul Rathore, DAG, Punjab.

Mr. Kulwant Singh, Advocate for respondent No. 2.

**** ANITA CHAUDHRY, J (ORAL) The instant petition is for quashing of FIR No. 101 dated 19.5.2014 registered under Sections 406, 498-A IPC, Police Station City Roopnagar (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 complainant has made a statement that she has compromised the matter out of her own will and without any inducement, threat or coercion. The trial Court has also sent the statements of the parties and the compromise.

Learned counsel for the State on instructions submits that Gurpreet Singh Bhatia 2018.02.28 15:10 I attest to the accuracy and authenticity of this document chandigarh

Crl. Misc. No. M-47759 of 2017 -2petitioners are 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 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 February 27, 2018 Gurpreet Whether speaking/reasoned :

Yes Whether reportable :

No Gurpreet Singh Bhatia 2018.02.28 15:10 I attest to the accuracy and authenticity of this document chandigarh