Prince and ors. Vs. State of Punjab and ors. - Court Judgment

SooperKanoon Citationsooperkanoon.com/1138494
CourtPunjab and Haryana High Court
Decided OnApr-25-2014
AppellantPrince and ors.
RespondentState of Punjab and ors.
Excerpt:
crl. misc. no.m-18729 of 2013 1 in the high court of punjab & haryana at chandigarh crl. misc. no.m-18729 of 2013 date of decision : 25.04.2014 prince & ors.....petitioners versus state of punjab and ors..respondents coram:- hon'ble ms.justice anita chaudhry present: mr.ritesh pandey, advocate for petitioner no.1. mr.g.p.singh, advocate for petitioners no.2 and 3. ms.sunanda rattan, addl. ag punjab. mr.a.s.bhait, advocate for respondents no.2 to 4. ___ anita chaudhry, j(oral) the petitioners are seeking quashing of fir no.57 dated 17.03.2013, registered under sections 148, 323 and 324 ipc read with section 149 ipc, police station city batala, police district batala and the consequent proceedings taken therein on the basis of compromise (annexure p-2)arrived at between the parties. report has been received from the trial court after recording statements of the parties on compromise. trial court has also sent copy of statements of complainant and injured sharma jiten 2014.04.29 16:57 i attest to the accuracy and integrity of this document high court chandigarh crl. misc. no.m-18729 of 2013 2 recorded by it, 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 nos.2 to 4 are the only aggrieved persons in the 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 & 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 and their statements made in the court below. april 25, 2014 (anita chaudhry) jiten judge sharma jiten 2014.04.29 16:57 i attest to the accuracy and integrity of this document high court chandigarh
Judgment:

Crl.

Misc.

No.M-18729 of 2013 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl.

Misc.

No.M-18729 of 2013 Date of decision : 25.04.2014 Prince & Ors.....Petitioners versus State of Punjab and Ors..Respondents CORAM:- HON'BLE Ms.JUSTICE ANITA CHAUDHRY Present: Mr.Ritesh Pandey, Advocate for petitioner no.1.

Mr.G.P.Singh, Advocate for petitioners no.2 and 3.

Ms.Sunanda Rattan, Addl.

AG Punjab.

Mr.A.S.Bhait, Advocate for respondents no.2 to 4.

___ ANITA CHAUDHRY, J(ORAL) The petitioners are seeking quashing of FIR No.57 dated 17.03.2013, registered under Sections 148, 323 and 324 IPC read with Section 149 IPC, Police Station City Batala, Police District Batala and the consequent proceedings taken therein on the basis of compromise (Annexure P-2)arrived at between the parties.

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

Trial Court has also sent copy of statements of complainant and injured Sharma Jiten 2014.04.29 16:57 I attest to the accuracy and integrity of this document High Court Chandigarh Crl.

Misc.

No.M-18729 of 2013 2 recorded by it, 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 nos.2 to 4 are the only aggrieved persons in the 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 & 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 and their statements made in the Court below.

April 25, 2014 (ANITA CHAUDHRY) Jiten JUDGE Sharma Jiten 2014.04.29 16:57 I attest to the accuracy and integrity of this document High Court Chandigarh