Vidya Sagar Gautam and Others Vs. State of Haryana and Another - Court Judgment

SooperKanoon Citationsooperkanoon.com/1120670
CourtPunjab and Haryana High Court
Decided OnJan-17-2014
AppellantVidya Sagar Gautam and Others
RespondentState of Haryana and Another
Excerpt:
crm no.m-23941 of 2013 1 in the high court of punjab and haryana at chandigarh crm no.m-23941 of 2013 (o&m) date of decision: 17.01.2014 vidya sagar gautam and others ...petitioners versus state of haryana and another ...respondents coram: hon'ble mr.justice r.p.nagrath present: mr.bikram chaudhary, advocate for the petitioners.mr.amit sharma, advocate for mr.ips doabia, advocate for respondent no.2. ms.shivali, aag, punjab for the state. r.p.nagrath, j. (oral) the instant petition has been filed for quashing fir no.326 dated 25.9.2010 for offences under sections 498-a, 406, 506 ipc, police station old faridabad, district faridabad and the subsequent proceedings on the basis of the written compromise arrived at between the parties. report from the trial court has been received after recording the statements of the parties, alongwith original statements. it is reported that compromise is voluntary and without any coercion or undue influence. the learned state counsel on kumar sureshinstructions from asi phool singh informs that petitioners are the 2014.01.20 11:09 i attest to the accuracy and integrity of this document chandigarh crm no.m-23941 of 2013 2 only accused in this case. no useful purpose would be served in continuing 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.326 dated 25.9.2010 for offences under sections 498-a, 406, 506 ipc, police station old faridabad, district faridabad 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) 17.01.2014 judge sk kumar suresh 2014.01.20 11:09 i attest to the accuracy and integrity of this document chandigarh
Judgment:

CRM No.M-23941 of 2013 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.M-23941 of 2013 (O&M) Date of Decision: 17.01.2014 Vidya Sagar Gautam and others ...Petitioners Versus State of Haryana and another ...Respondents CORAM: HON'BLE MR.JUSTICE R.P.NAGRATH Present: Mr.Bikram Chaudhary, Advocate for the petitioneRs.Mr.Amit Sharma, Advocate for Mr.IPS Doabia, Advocate for respondent No.2.

Ms.Shivali, AAG, Punjab for the State.

R.P.Nagrath, J.

(Oral) The instant petition has been filed for quashing FIR No.326 dated 25.9.2010 for offences under Sections 498-A, 406, 506 IPC, Police Station Old Faridabad, District Faridabad and the subsequent proceedings on the basis of the written compromise arrived at between the parties.

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

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

The learned State counsel on Kumar Sureshinstructions from ASI Phool Singh informs that petitioners are the 2014.01.20 11:09 I attest to the accuracy and integrity of this document Chandigarh CRM No.M-23941 of 2013 2 only accused in this case.

No useful purpose would be served in continuing 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.326 dated 25.9.2010 for offences under Sections 498-A, 406, 506 IPC, Police Station Old Faridabad, District Faridabad 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) 17.01.2014 Judge sk Kumar Suresh 2014.01.20 11:09 I attest to the accuracy and integrity of this document Chandigarh