High Court of Punjab and HaryanaCRM-M/8075/2015allowed

Sharanjit Singh v. State Of Punjab & ANR

2015-05-29Mr Justice Gurdev Singh2 pages

CRM-M-8075 of 2015 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-8075 of 2015 Date of Decision : 29.05.2015 Sharanjit Singh .......Petitioner

Versus

State of Punjab and another .....Respondents

CORAM:

HON'BLE MR. JUSTICE R.P. NAGRATH

Present:

None for the petitioner.

Mr. Gurveer Sidhu, AAG, Punjab.

Mr. Rohit Rana, Advocate for respondents no. 2 and 3.

R.P. NAGRATH, J. (Oral) The instant petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 222 dated 11.10.2014 for offences under Sections 336, 323, 148, 149 and 506 of Indian Penal Code (IPC) and Sections 25 and 27 of the Arms Act, registered at Police Station Bhikhiwind, District Tarn Taran and all other consequential proceedings, on the basis of compromise. Learned State counsel on instructions from HC Jagjit Singh submits that petitioner is the only accused and respondent no. 2 is the only aggrieved person, who recorded the FIR. The report from the area Magistrate has been received after recording statement of respondent no. 2 and the petitioner and it is reported that the compromise reached between the parties is valid, voluntary and without any pressure, undue influence or coercion. The area Magistrate has also sent the original statement made by the parties.

JITENDER KUMAR 2015.05.29 17:39 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-8075 of 2015 -2No useful purpose would be served to continue with the proceedings before the trial Court in the instant FIR. Following the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh and others v. State of Punjab and another, 2007 (3) RCR (Criminal) 1052 (P&H) and approved by the Hon'ble Supreme Court in Gian Singh vs. State of Punjab and others, (2012)10 SCC 303, this petition is allowed and FIR No. 222 dated 11.10.2014 for offences under Sections 336, 323, 148, 149 and 506 IPC and Sections 25 and 27 of the Arms Act, Police Station Bhikhiwind, District Tarn Taran and subsequent proceedings are quashed.

Needless to say that the parties shall remain bound by the terms and conditions of the compromise and the statements made by them.

May 29, 2015 (R.P. NAGRATH ) jk JUDGE JITENDER KUMAR 2015.05.29 17:39 I attest to the accuracy and authenticity of this document Chandigarh