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

SooperKanoon Citation

Court

Punjab and Haryana High Court

Decided On

Appellant

Jasbir Singh and Others

Respondent

State of Punjab and Another

Excerpt:


.....advocate for respondent no.2. r.p.nagrath, j. (oral) the instant petition has been filed for quashing fir no.139 dated 19.8.2008 for offence under section 498-a ipc, police station civil line batala, district gurdaspur and the subsequent proceedings on the basis of written compromise arrived at between the parties. report from the trial court has been received after recording statements of parties, alongwith original statements. it is reported that compromise is voluntary and without any coercion or undue influence. kumar suresh 2014.07.16 14:47 i attest to the accuracy and integrity of this document chandigarh crm no.m-22463 of 2013 2 learned state counsel on instructions from asi baldev raj submits that petitioners are the only accused in this fir as two more accused have since died and respondent no.2 is the only aggrieved person. no useful purpose would be served in continuing with the proceedings in this case in view of the compromise arrived at between them. following the principles laid down by the full bench judgement of this court in kulwinder singh and others v. state of punjab and another, 2007 (3) rcr (criminal) 1052 (p&h) and approved by the hon'ble supreme court.....

Judgment:


CRM No.M-22463 of 2013 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.M-22463 of 2013 (O&M) Date of Decision: 14.07.2014 Jasbir Singh and others ...Petitioners Versus State of Punjab and another ...Respondents CORAM: HON'BLE MR.JUSTICE R.P.NAGRATH Present: Mr.D.S.Kahlon, Advocate for the petitioneRs.Mr.B.S.Cheema, DAG, Punjab for the State.

Mr.Mandeep Kaur Batth, Advocate for respondent No.2.

R.P.Nagrath, J.

(Oral) The instant petition has been filed for quashing FIR No.139 dated 19.8.2008 for offence under Section 498-A IPC, Police Station Civil Line Batala, District Gurdaspur and the subsequent proceedings on the basis of written compromise arrived at between the parties.

Report from the trial Court has been received after recording statements of parties, alongwith original statements.

It is reported that compromise is voluntary and without any coercion or undue influence.

Kumar Suresh 2014.07.16 14:47 I attest to the accuracy and integrity of this document Chandigarh CRM No.M-22463 of 2013 2 Learned State counsel on instructions from ASI Baldev Raj submits that petitioners are the only accused in this FIR as two more accused have since died and respondent No.2 is the only aggrieved person.

No useful purpose would be served in continuing with the proceedings in this case in view of the compromise arrived at between them.

Following the principles laid down by the Full Bench judgement of this Court in Kulwinder Singh and others v.

State of Punjab and another, 2007 (3) RCR (Criminal) 1052 (P&H) and approved by the Hon'ble Supreme Court in Gian Singh versus State of Punjab and otheRs.(2012)10 SCC303 this petition is allowed and FIR No.139 dated 19.8.2008 for offence under Section 498-A IPC, Police Station Civil Line Batala, District Gurdaspur and the subsequent proceedings conducted on the basis thereof, are quashed.

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

(R.P.Nagrath) 14.07.2013 Judge sk Kumar Suresh 2014.07.16 14:47 I attest to the accuracy and integrity of this document Chandigarh




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