Jakar Hussain Alias Mai & ANR. v. State Of Punjab & ANR

Crl. Misc. No. M-49320 of 2017 -1In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-49320 of 2017 Date of Decision: 27.2.2018 Jakar Hussain alias Mai and another ......Petitioners

Versus

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

Present:

None for the petitioners.

Mr. Rahul Rathore, DAG, Punjab.

None for respondent No. 2.

**** ANITA CHAUDHRY, J (ORAL) The instant petition is for quashing of FIR No. 0086 dated 11.9.2017 registered under Sections 354-A, 34 IPC, Police Station Shahpur Kandi, District Pathankot (Annexure P-1) and all the consequent proceedings arising out of the same, on the basis of written compromise dated 10.12.2017 (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, voluntary and without any coercion or undue influence. The trial Court has also sent the copy of the statements of the parties.

Learned counsel for the State on instructions submits that petitioners are the only accused and respondent No. 2 is the only aggrieved person in this FIR.

Gurpreet Singh Bhatia 2018.03.01 16:11 I attest to the accuracy and authenticity of this document chandigarh

Crl. Misc. No. M-49320 of 2017 -2No 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 2018.03.01 16:11 I attest to the accuracy and authenticity of this document chandigarh