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High Court of Punjab and HaryanaCRM-M/9564/2015allowed

Ajit Singh v. State Of Punjab And ORS

2015-12-03Mr Justice Rajiv Sharma2 pages



      CRL. MISC. No.M-9564 OF 2015 (O&M) DATE OF DECISION : 3rd DECEMBER, 2015 Ajit Singh .... Petitioner

Versus

State of Punjab & others .... Respondents CORAM : HON'BLE MRS. JUSTICE ANITA CHAUDHRY * * * * Present : Mr. Parminder Singh, Advocate for the petitioner. Mr. K. S. Aulakh, Assistant Advocate General, Punjab. Mr. Chirag Wadhwa, Advocate for respondents No.2 & 3.      The instant petition is for quashing of FIR No.4 dated 31.01.2011 registered under Sections 420, 177, 447, 468, 471 IPC at Police Station Mantiana, District Hoshiarpur and the consequent proceedings arising out of the same, on the basis of written compromise (Annexure P-2) arrived at between the parties. Report has been received from learned JMIC, Hoshiarpur after statements of the parties were recorded regarding the compromise. Learned JMIC has reported that the compromise is voluntary and without any pressure or coercion. Learned JMIC has also sent copy of the statements of parties.

RAJ KUMAR 2015.12.05 16:47 I attest to the accuracy and integrity of this document

  

   -2Learned counsel for the State on instructions submits that petitioner is the only accused and respondents no.2 & 3 are 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 the parties shall remain bound by the terms of compromise and their statements made in the Court below.

3rd DECEMBER    

  

  

  

       RAJ KUMAR 2015.12.05 16:47 I attest to the accuracy and integrity of this document