Manvir Singh Bains v. Ut Of Chandigarh

CRR-736-2018 (O&M) -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRR-736-2018 (O&M) Date of decision: 04.10.2018 Col. Manvir Singh Bains ..... Petitioner

Versus

State of U.T. Chandigarh and others ..... Respondents

CORAM:

HON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Mr. SS Narula, Advocate for the petitioner with Ms. Lipakshi Bain, wife of the petitioner.

Mr. JS Toor, APP, for U.T. Chandigarh.

Mr. SS Sidhu, Advocate for respondents No. 2 to 4. Respondent No. 4-Pallavi Yadav, wife of deceased-Parveen Yadav, is present in person. RAMENDRA JAIN, J. (ORAL) Learned counsel for respondent No. 4-Pallavi Yadav, widow of deceased-Parveen Yadav, who falls under the definition of "Victim" under Section 2 (wa) Cr.P.C., has filed compromise deed dated 04.10.2018, duly signed and thumb marked by her and wife of petitioner-Col. Manvir Singh Bains, namely; Lipakshi Bains, duly witnessed by learned counsel for both the sides, whereby she accepted a sum of ` 18 lakhs paid to her by way of demand draft No. 065196 dated 27.09.2018, duly acknowledged by her on the photocopy of the said demand draft towards full and final settlement and has no objection, if, FIR No. 331 dated 02.09.2017 (Annexure P-2) registered under Section 302 read with Section 34 IPC at Police Station Sector 34, Chandigarh and all consequential proceedings arising therefrom RISHU KATARIA 2018.10.06 16:16 I attest to the accuracy and integrity of this document

CRR-736-2018 (O&M) -2are dropped/quashed against the petitioner. The compromise deed as well as the copy of demand draft duly acknowledged by respondent No. 4, is taken on record. Office to tag the same at the appropriate places. In view of the totality of the facts and circumstances and considering the fact that the compromise will bring harmony and peace in relations between the parties and further that the post-mortem report dated 03.09.2017 (Annexure P-5) of deceased-Parveen Yadav, does not prove the case of prosecution to be of a murder/culpable homicide, this revision is allowed. The aforesaid, FIR No. 331 dated 02.09.2017 (Annexure P-2), under Section 302 read with Section 34 IPC, Police Station Sector 34, Chandigarh and all consequential proceedings arising therefrom qua the petitioner are quashed.

October 04, 2018 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No RISHU KATARIA 2018.10.06 16:16 I attest to the accuracy and integrity of this document