Amit Ghosh & ORS v. State Of Punjab & ANR

Crl. Misc. No. M-8336 of 2016 (O&M) -1In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-8336 of 2016 (O&M) Date of Decision: 31.8.2016 Amit Ghosh and others ......Petitioners

Versus

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

Present:

Mr. Abhishek Gautam, Advocate for the petitioners.

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

Mr. Parvez Chugh, Advocate for respondent No. 2.

**** ANITA CHAUDHRY, J(ORAL) The instant petition is for quashing of FIR No. 112 dated 23.4.2013 registered under Sections 498-A, 406, 34 IPC, Police Station Ferozepur City (Annexure P-1) and all the consequent proceedings arising out of the same, on the basis of written compromise arrived at between the parties.

A draft of Rs. 3,10,000/- has been handed over by the counsel for the petitioner to the counsel for respondent No. 2. 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 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 2016.09.06 10:16 I attest to the accuracy and authenticity of this document High Court Chandigarh

Crl. Misc. No. M-8336 of 2016 (O&M) -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 August 31, 2016 Gurpreet Whether speaking/reasoned :

Yes Whether reportable :

No Gurpreet Singh Bhatia 2016.09.06 10:16 I attest to the accuracy and authenticity of this document High Court Chandigarh