Kulbir Singh & ANR v. State Of Punjab & ORS

CRM-M-8291-2017 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-8291-2017 Date of decision:- 06.02.2018 Kulbir Singh and another .....Petitioners

Versus

State of Punjab and others .....Respondents CORAM : HON'BLE MR.JUSTICE MAHABIR SINGH SINDHU

Present:

Mr. Hem Raj Bhardwaj, Advocate for the petitioners.

Mr. Harbir Sandhu, AAG, Punjab.

Mr. N.S. Chahal, Advocate for Karan S. Rana, Advocate for respondents No.2 and 3.

**** MAHABIR SINGH SINDHU , J. (ORAL) Present petition is filed praying for quashing FIR No.195 dated 30.08.2012, under Sections 406, 420 and 120-B IPC, registered at Police Station Phase-I, SAS Nagar (Mohali), on the basis of compromise entered into between the parties.

2.

Heard.

3.

Both the parties were directed by this Court vide order dated 10.03.2017 to appear before the learned trial Court/Illaqa Magistrate and get their statements recorded and in pursuance thereof, learned Chief Judicial Magistrate, SAS Nagar, Mohali, recorded the statements of both Naresh Kumar 2018.02.08 09:13 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-8291-2017 -2the parties and submitted a report dated 18.04.2017. A perusal of the report reveals that accused Amarpreet Singh is declared as proclaimed offender in this case, but the present petiton has been filed on behalf of petitioners, namely, Kulbir Singh and Hardip Kaur. Report further reveals that the compromise entered into between the parties is genuine, voluntary and without any coercion or undue influence. Even as on today the parties are not disputing the factum of compromise arrived at between them.

4.

No objection has been raised by the learned State counsel on a specific query put to him by the Court with regard to quashing of the FIR as well as all other consequential proceedings on the basis of the compromise effected between the parties in this case. 5.

Inasmuch as the dispute between the parties has been amicably settled and they have already entered into compromise, and the fact that no objection has been raised by the State, continuance of the prosecution would be an exercise in futility. Therefore, the aforesaid FIR and all consequent proceedings resulting therefrom, qua petitioners only, are quashed.

6.

Petition is allowed.

( MAHABIR SINGH SINDHU) February 06, 2018 JUDGE naresh.k Whether reportable?

Yes Whether reasoned/speaking?

Yes Naresh Kumar 2018.02.08 09:13 I attest to the accuracy and integrity of this document Chandigarh