Baljit Singh and Another Vs. State of Punjab and Another - Court Judgment

SooperKanoon Citationsooperkanoon.com/1132603
CourtPunjab and Haryana High Court
Decided OnMar-10-2014
AppellantBaljit Singh and Another
RespondentState of Punjab and Another
Excerpt:
crm-m-36640-2013 -1- in the high court of punjab & haryana at chandigarh crm-m-36640-2013 date of decision: 10.3.2014 baljit singh and another ....petitioners versus state of punjab and another ....respondents coram: hon'ble mr.justice r.p.nagrath present: mr.naveen sharma, advocate for the petitioners.mr.arshdeep s. kaler, aag, punjab. mr.surinder sharma, advocate for respondent no.2. r.p.nagrath, j. (oral) prayer in the instant petition filed under section 482 cr.p.c.is for quashing of fir no.104 dated 29.8.2013 (annexure p-1) registered under sections 406/420 ipc at police station rahon, district shaheed bhagat singh nagar and subsequent proceedings arising therefrom, on the basis of compromise dated 14.10.2013 (annexure p-2).report from the trial court has been received after recording statements of parties on the compromise. trial court has also sent a copy of statements of both the parties. the trial court has reported that the compromise reached between the parties is voluntary, without any pressure or coercion. on instructions from hc kewal krishan, learned state kataria rishu 2014.03.10 18:39 i attest to the accuracy and integrity of this document crm-m-36640-2013 -2- counsel submits that petitioners namely; baljit singh and rajwinder kaur @ rozy are the only accused in this fir and the aggrieved person is respondent no.2-sarwantjit singh @ swaranjit singh (complainant) and he would have no objection if the instant fir and the subsequent proceedings arising therefrom are quashed. in view of the above, no useful purpose would be served to continue with the proceedings before the trial court in the instant fir. following the principles laid down by the full bench judgment 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.104 dated 29.8.2013 (annexure p-1) registered under sections 406/420 ipc at police station rahon, district shaheed bhagat singh nagar and the subsequent proceedings arising therefrom are quashed on the basis of compromise dated 14.10.2013 (annexure p-2) allowed in the above terms.march 10, 2014 ( r.p.nagrath ) rishu judge kataria rishu 2014.03.10 18:39 i attest to the accuracy and integrity of this document
Judgment:

CRM-M-36640-2013 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-36640-2013 Date of decision: 10.3.2014 Baljit Singh and another ....Petitioners Versus State of Punjab and another ....Respondents CORAM: HON'BLE Mr.JUSTICE R.P.NAGRATH PRESENT: Mr.Naveen Sharma, Advocate for the petitioneRs.Mr.Arshdeep S.

Kaler, AAG, Punjab.

Mr.Surinder Sharma, Advocate for respondent No.2.

R.P.NAGRATH, J.

(ORAL) Prayer in the instant petition filed under Section 482 Cr.P.C.is for quashing of FIR No.104 dated 29.8.2013 (Annexure P-1) registered under Sections 406/420 IPC at Police Station Rahon, District Shaheed Bhagat Singh Nagar and subsequent proceedings arising therefrom, on the basis of compromise dated 14.10.2013 (Annexure P-2).Report from the trial Court has been received after recording statements of parties on the compromise.

Trial Court has also sent a copy of statements of both the parties.

The trial Court has reported that the compromise reached between the parties is voluntary, without any pressure or coercion.

On instructions from HC Kewal Krishan, learned State Kataria Rishu 2014.03.10 18:39 I attest to the accuracy and integrity of this document CRM-M-36640-2013 -2- counsel submits that petitioners namely; Baljit Singh and Rajwinder Kaur @ Rozy are the only accused in this FIR and the aggrieved person is respondent No.2-Sarwantjit Singh @ Swaranjit Singh (complainant) and he would have no objection if the instant FIR and the subsequent proceedings arising therefrom are quashed.

In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant FIR.

Following the principles laid down by the Full Bench judgment 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.104 dated 29.8.2013 (Annexure P-1) registered under Sections 406/420 IPC at Police Station Rahon, District Shaheed Bhagat Singh Nagar and the subsequent proceedings arising therefrom are quashed on the basis of compromise dated 14.10.2013 (Annexure P-2) Allowed in the above terMs.March 10, 2014 ( R.P.NAGRATH ) rishu JUDGE Kataria Rishu 2014.03.10 18:39 I attest to the accuracy and integrity of this document