Dalbir Singh & ORS v. State Of Punjab & ORS

Crl. Misc. No. M-48409 of 2017 -1In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-48409 of 2017 Date of Decision: 25.4.2018 Dalbir Singh and others ......Petitioners

Versus

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

Present:

Mr. Lalit Sharma, Advocate for the petitioners.

Mr. K.S.Aulakh, DAG, Punjab.

None for respondents No. 2 and 3.

**** ANITA CHAUDHRY, J (ORAL) The instant petition is for quashing of cross case vide Rapat No. 24 dated 22.10.2015 registered under Sections 354, 452, 148, 149 IPC and Section 25 of the Arms Act, Police Station Naya Gaon (Annexure P-2) and all the consequent proceedings arising out of the same, on the basis of compromise (Annexure P-3) arrived at between the parties. Report has been received from the trial Court after statements of the parties were recorded regarding the compromise in connected petition i.e. CRM-M-48246-2017. The trial Court has reported that the compromise is genuine and out of the free will of the parties. The trial Court has also sent the statements of the parties.

Learned counsel for the State on instructions submits that petitioners are the only accused and respondents No. 2 and 3 are the only aggrieved person in this cross case.

No useful purpose would be served to keep the cross version Gurpreet Singh Bhatia 2018.04.30 11:54 I attest to the accuracy and authenticity of this document chandigarh

Crl. Misc. No. M-48409 of 2017 -2pending.

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 cross case 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 April 25, 2018 Gurpreet Whether speaking/reasoned :

Yes Whether reportable :

No Gurpreet Singh Bhatia 2018.04.30 11:54 I attest to the accuracy and authenticity of this document chandigarh