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High Court of Punjab and HaryanaCRM-M/745/2016allowed

Bhag Singh v. State Of Punjab & ORS

2016-08-31Mr Justice Rajiv Sharma2 pages

Crl. Misc. No. M-745 of 2016 -1In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-745 of 2016 Date of Decision: 31.8.2016 Bhag Singh ......Petitioner

Versus

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

Present:

Mr. H.P.S.Ishar, Advocate for the petitioner.

Mr. J.S.Bhullar, AAG, Punjab.

None for respondents No. 2 and 3.

**** ANITA CHAUDHRY, J(ORAL) The instant petition is for quashing of FIR No. 212 dated 24.9.2014 registered under Sections 341, 354 IPC, Police Station Morinda, District Rupnagar (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 the compromise is genuine and voluntary. The trial Court has also sent the statements of the parties.

Learned counsel for the State on instructions submits that petitioner is the only accused and respondents No. 2 and 3 are the only aggrieved persons in this FIR.

No useful purpose would be served to keep the FIR pending. Gurpreet Singh Bhatia 2016.09.01 10:30 I attest to the accuracy and authenticity of this document High Court Chandigarh

Crl. Misc. No. M-745 of 2016 -2In 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 August 31, 2016 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No Gurpreet Singh Bhatia 2016.09.01 10:30 I attest to the accuracy and authenticity of this document High Court Chandigarh