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Present: Mr. M.K. Singla Advocate Vs. State of Punjab and Others - Court Judgment

SooperKanoon Citation

Court

Punjab and Haryana High Court

Decided On

Appellant

Present: Mr. M.K. Singla Advocate

Respondent

State of Punjab and Others

Excerpt:


.....power of attorney on behalf of the respondents no.2 & 3 filed. the instant petition is for quashing of fir no.108 dated 28.10.2011 registered under sections 304-a, 279, 427 ipc at police station sadar sunam, distt. sangrur and the consequent proceedings arisen out of the same, on the basis of written compromise arrived at between the parties. report has been received from the trial court after recording statements of the parties on compromise. the trial court has reported that compromise is voluntary and without any pressure or coercion. trial court has also sent copy of statements of parties recorded by it. sunil 2014.05.01 17:02 i attest to the accuracy and integrity of this document crl. misc. no.m-7982 of 2014 (o&m) 2 learned counsel for the state on instructions submits that petitioner is the only accused and respondent nos.2 & 3 are only the aggrieved persons 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 versus state of punjab and another, 2007(3) rcr (criminal) 1052, approved by hon'ble apex.....

Judgment:


Crl.

Misc.

No.M-7982 of 2014 (O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl.

Misc.

No.M-7982 of 2014 Date of decision :28.04.2014 Gurjant Singh ......Petitioner Versus State of Punjab and others ...Respondents CORAM: HON'BLE Ms.JUSTICE ANITA CHAUDHRY Present: Mr.M.K.Singla, Advocate for the petitioner.

Mr.Gazi Mohd., Addl.

A.G.Punjab.

Mr.Dinesh Kumar, Advocate for respondent nos.2 & 3.

*** ANITA CHAUDHRY, J(ORAL) Power of attorney on behalf of the respondents no.2 & 3 filed.

The instant petition is for quashing of FIR No.108 dated 28.10.2011 registered under Sections 304-A, 279, 427 IPC at Police Station Sadar Sunam, Distt.

Sangrur and the consequent proceedings arisen out of the same, on the basis of written compromise arrived at between the parties.

Report has been received from the trial Court after recording statements of the parties on compromise.

The trial Court has reported that compromise is voluntary and without any pressure or coercion.

Trial Court has also sent copy of statements of parties recorded by it.

Sunil 2014.05.01 17:02 I attest to the accuracy and integrity of this document Crl.

Misc.

No.M-7982 of 2014 (O&M) 2 Learned counsel for the State on instructions submits that petitioner is the only accused and respondent nos.2 & 3 are only the aggrieved persons 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 versus State of Punjab and another, 2007(3) RCR (Criminal) 1052, approved by Hon'ble Apex Court in Gian Singh versus State of Punjab and others (2012) 10 SCC303 the instant petition is allowed and the aforesaid FIR and all consequent proceedings conducted on the basis thereof for offence under Section 420 IPC (120-B IPC added later on) are quashed.

Needless to say that parties shall remain bound by the terms of compromise and their statements made in the Court below.

28.04.2014 (ANITA CHAUDHRY) sunil JUDGE Sunil 2014.05.01 17:02 I attest to the accuracy and integrity of this document




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