Present: Mr. Amandeep Sibia Advocate Vs. State of Punjab and Another - Court Judgment

SooperKanoon Citationsooperkanoon.com/1154540
CourtPunjab and Haryana High Court
Decided OnJul-07-2014
AppellantPresent: Mr. Amandeep Sibia Advocate
RespondentState of Punjab and Another
Excerpt:
crl. misc. no.m-36760 of 2013 (o&m) 1 in the high court of punjab & haryana at chandigarh crl. misc. no.m-36760 of 2013 date of decision : 07.07.2014 ved parkash ......petitioner versus state of punjab and another ...respondents coram: hon'ble ms.justice anita chaudhry present: mr.amandeep sibia, advocate for the petitioner. mr.deep singh, aag, punjab. ms.jyoti rani , advocate for respondent no.2. **** anita chaudhry, j(oral) the instant petition is for quashing of fir no.196 dated 23.11.2010 registered under sections 279/337 ipc, police station model town, district ludhiana city 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 with regard to the compromise. sunil 2014.07.09 11:52 i attest to the accuracy and integrity of this document crl. misc. no.m-36760 of 2013 (o&m) 2 learned counsel for the state on instructions submits that petitioner is 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. 07.07.2014 (anita chaudhry) naveen/sunil judge sunil 2014.07.09 11:52 i attest to the accuracy and integrity of this document
Judgment:

Crl.

Misc.

No.M-36760 of 2013 (O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl.

Misc.

No.M-36760 of 2013 Date of decision : 07.07.2014 Ved Parkash ......Petitioner Versus State of Punjab and another ...Respondents CORAM: HON'BLE Ms.JUSTICE ANITA CHAUDHRY Present: Mr.Amandeep Sibia, Advocate for the petitioner.

Mr.Deep Singh, AAG, Punjab.

Ms.Jyoti Rani , Advocate for respondent no.2.

**** ANITA CHAUDHRY, J(ORAL) The instant petition is for quashing of FIR No.196 dated 23.11.2010 registered under Sections 279/337 IPC, Police Station Model Town, District Ludhiana City 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 with regard to the compromise.

Sunil 2014.07.09 11:52 I attest to the accuracy and integrity of this document Crl.

Misc.

No.M-36760 of 2013 (O&M) 2 Learned counsel for the State on instructions submits that petitioner is 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.

07.07.2014 (ANITA CHAUDHRY) naveen/sunil JUDGE Sunil 2014.07.09 11:52 I attest to the accuracy and integrity of this document