Sanjay Kumar v. State Of Punjab And ANR

Crl. Misc. No. M-48415 of 2017 -1In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-48415 of 2017 Date of Decision: 14.3.2018 Sanjay Kumar ......Petitioner

Versus

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

Present:

Mr. Mandeep Kaushik, Advocate for the petitioner.

Mr. Rahul Rathore, DAG, Punjab.

Respondent No. 2 in person along with Mr. Atul Kaushik, Advocate.

**** ANITA CHAUDHRY, J (ORAL) The instant petition is for quashing of FIR No. 224 dated 14.10.2014 registered under Sections 366-A and 363 IPC, Police Station Sohana, SAS Nagar, Mohali (Annexure P-1) and all the consequent proceedings arising out of the same, on the basis of compromise dated 3.12.2017 (Annexure P-2) 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 the compromise is genuine and without any pressure or coercion. The trial Court has also sent the statements of the parties and the victim.

Counsel for the petitioner states that the FIR was lodged by the brother of the girl and the girl was major and she had got married with Gurpreet Singh Bhatia 2018.03.16 10:18 I attest to the accuracy and authenticity of this document chandigarh

Crl. Misc. No. M-48415 of 2017 -2the petitioner. He has placed on record marriage certificate which is taken on record.

Learned counsel for the State on instructions submits that petitioner is 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 petitioner. Needless to say that parties shall remain bound by the terms of compromise and their statements made in the Court below. (ANITA CHAUDHRY) JUDGE March 14, 2018 Gurpreet Whether speaking/reasoned :

Yes Whether reportable :

No Gurpreet Singh Bhatia 2018.03.16 10:18 I attest to the accuracy and authenticity of this document chandigarh