Onkar Singh v. State Of Punjab & ANR

Crl. Misc. No. M-8430 of 2018 -1In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-8430 of 2018 Date of Decision: 25.4.2018 Onkar Singh ......Petitioner

Versus

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

Present:

Mr. Sanjeev Bishnoi, Advocate for Mr. Ankur Bansal, Advocate for the petitioner.

Mr. K.S.Aulakh, DAG, Punjab.

Mr. Kunwar Rajan, Advocate for respondent No. 2.

**** ANITA CHAUDHRY, J (ORAL) The instant petition is for quashing of FIR No. 133 dated 6.7.2007 registered under Sections 452, 323, 354, 506, 148, 149 IPC, Police Station Adampur, District Jalandhar (Annexure P-1) and all the consequent proceedings arising out of the same, on the basis of compromise (Annexure P-3) 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 parties have compromised the matter with their free consent, without any threat, pressure or undue influence. 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 respondent No. 2 is the only aggrieved Gurpreet Singh Bhatia 2018.04.27 10:02 I attest to the accuracy and authenticity of this document chandigarh

Crl. Misc. No. M-8430 of 2018 -2person 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 parties shall remain bound by the terms of compromise and their statements made in the Court below. (ANITA CHAUDHRY) JUDGE April 25, 2018 Gurpreet Whether speaking/reasoned :

Yes Whether reportable :

No Gurpreet Singh Bhatia 2018.04.27 10:02 I attest to the accuracy and authenticity of this document chandigarh