Present: Mr. Amit Dhawan Advocate Vs. State of Punjab and Another - Court Judgment

SooperKanoon Citationsooperkanoon.com/1153494
CourtPunjab and Haryana High Court
Decided OnJun-30-2014
AppellantPresent: Mr. Amit Dhawan Advocate
RespondentState of Punjab and Another
Excerpt:
crl. misc. no.m-40437 of 2013 1 in the high court of punjab & haryana at chandigarh crl. misc. no.m-40437 of 2013 date of decision : 30.06.2014 vishal khanna and others ......petitioners versus state of punjab and another ...respondents coram: hon'ble ms.justice anita chaudhry present: mr.amit dhawan, advocate for the petitioners.mr.varun sharma, aag, punjab. **** anita chaudhry, j(oral) the instant petition is for quashing of fir no.175 dated 04.12.2009 registered under sections 406, 498-a ipc, police station city batala, district batala and the consequent proceedings arisen out of the same, on the basis of written compromise arrived at between the parties. report has been received from the trial court after statements of the parties was recorded regarding the compromise. the trial court has reported that the compromise is voluntary and without any pressure or coercion. the trial court has also sent copy of the statements of parties and the compromise. sunil 2014.07.02 10:50 i attest to the accuracy and integrity of this document crl. misc. no.m-40437 of 2013 2 learned counsel for the state on instructions submits that petitioners are the only accused and respondent no.2 is the only aggrieved person in this 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 and others versus state of punjab and another, 2007(3) rcr (criminal) 1052, approved by hon'ble apex court in gian singh versus state of punjab and others (2012) 10 scc303 the instant petition is allowed and the aforesaid fir and all consequent proceedings conducted on the basis thereof are quashed. needless to say that parties shall remain bound by the terms of compromise and their statements made in the court below. 30.06.2014 (anita chaudhry) sunil judge sunil 2014.07.02 10:50 i attest to the accuracy and integrity of this document
Judgment:

Crl.

Misc.

No.M-40437 of 2013 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl.

Misc.

No.M-40437 of 2013 Date of decision : 30.06.2014 Vishal Khanna and others ......Petitioners Versus State of Punjab and another ...Respondents CORAM: HON'BLE Ms.JUSTICE ANITA CHAUDHRY Present: Mr.Amit Dhawan, Advocate for the petitioneRs.Mr.Varun Sharma, AAG, Punjab.

**** ANITA CHAUDHRY, J(ORAL) The instant petition is for quashing of FIR No.175 dated 04.12.2009 registered under Sections 406, 498-A IPC, Police Station City Batala, District Batala and the consequent proceedings arisen out of the same, on the basis of written compromise arrived at between the parties.

Report has been received from the trial Court after statements of the parties was recorded regarding the compromise.

The trial Court has reported that the compromise is voluntary and without any pressure or coercion.

The trial Court has also sent copy of the statements of parties and the compromise.

Sunil 2014.07.02 10:50 I attest to the accuracy and integrity of this document Crl.

Misc.

No.M-40437 of 2013 2 Learned counsel for the State on instructions submits that petitioners are the only accused and respondent no.2 is the only aggrieved person in this 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 and others versus State of Punjab and another, 2007(3) RCR (Criminal) 1052, approved by Hon'ble Apex Court in Gian Singh versus State of Punjab and others (2012) 10 SCC303 the instant petition is allowed and the aforesaid FIR and all consequent proceedings conducted on the basis thereof are quashed.

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

30.06.2014 (ANITA CHAUDHRY) sunil JUDGE Sunil 2014.07.02 10:50 I attest to the accuracy and integrity of this document