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Channa Singh and Others Vs. State of Punjab and Another - Court Judgment

SooperKanoon Citation

Court

Punjab and Haryana High Court

Decided On

Appellant

Channa Singh and Others

Respondent

State of Punjab and Another

Excerpt:


.....no.2. -- anita chaudhry, j. through the instant petition, the petitioners are seeking quashing of fir no.135 dated 16.08.2009, registered under sections 323 and 324 ipc read with section 34 ipc, police station guruharsahai, district ferozepur and consequent proceedings taken therein on the basis of compromise. report has been received from the trial court after recording statements of the parties on compromise. trial court has also sent statements of complainant and accused persons, which reveal that compromise is voluntary and without any pressure or coercion. learned state counsel submits that the petitioners are the only accused and respondent no.2 is the only aggrieved sharma jiten 2014.05.02 11:44 i attest to the accuracy and integrity of this document high court chandigarh crl. misc. no.m-3446 of 2014 2 person in the fir. no useful purpose would be served to keep the fir pending. in view of the report of the trial court on compromise and the principles laid down by the full bench judgment of this court in kulwinder singh & ors.versus state of punjab & anr. 2007(3) rcr(crl.) 1052, approved by hon'ble the apex court in gian singh versus state of punjab & ors.2012(10).....

Judgment:


Crl.

Misc.

No.M-3446 of 2014 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl.

Misc.

No.M-3446 of 2014 Date of decision : 29.04.2014 Channa Singh and others .....Petitioners versus State of Punjab and another ..Respondents CORAM:- HON'BLE Ms.JUSTICE ANITA CHAUDHRY Present: Mr.Ashok Kumar Sama, Advocate for the petitioneRs.Mr.Gazi Mohd., DAG Punjab Mr.Lal Singh Sandhu, Advocate for respondent no.2.

-- ANITA CHAUDHRY, J.

Through the instant petition, the petitioners are seeking quashing of FIR No.135 dated 16.08.2009, registered under Sections 323 and 324 IPC read with Section 34 IPC, Police Station Guruharsahai, District Ferozepur and consequent proceedings taken therein on the basis of compromise.

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

Trial Court has also sent statements of complainant and accused persons, which reveal that compromise is voluntary and without any pressure or coercion.

Learned State counsel submits that the petitioners are the only accused and respondent no.2 is the only aggrieved Sharma Jiten 2014.05.02 11:44 I attest to the accuracy and integrity of this document High Court Chandigarh Crl.

Misc.

No.M-3446 of 2014 2 person in the FIR.

No useful purpose would be served to keep the FIR pending.

In view of the report of the trial Court on compromise and the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh & ORS.versus State of Punjab & Anr.

2007(3) RCR(Crl.) 1052, approved by Hon'ble the Apex Court in Gian Singh versus State of Punjab & ORS.2012(10) SCC303 the instant petition is allowed and the aforesaid FIR and all consequent proceedings conducted therein are quashed.

Needless to say that parties shall remain bound by the terms of compromise.

April 29, 2014 (ANITA CHAUDHRY) Jiten JUDGE Sharma Jiten 2014.05.02 11:44 I attest to the accuracy and integrity of this document High Court Chandigarh


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