High Court of Punjab and HaryanaCRM-M/18541/2016allowed

Iqbal Singh And ANR v. State Of Punjab And ANR

2016-12-23Mr Justice Rajiv Sharma2 pages

Crl. Misc. No. M-18541 of 2016 -1In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-18541 of 2016 Date of Decision: 23.12.2016 Iqbal Singh and another ......Petitioners

Versus

State of Punjab and another .....Respondents CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY

Present:

Mr. S.S.Momi, Advocate for the petitioners.

Mr. Deep Singh, AAG, Punjab.

Ms. Amanpreet Kaur, Advocate for Mr. Har Naresh Singh Gill, Advocate for respondent No. 2.

**** ANITA CHAUDHRY, J(ORAL) The instant petition is for quashing of FIR No. 95 dated 28.6.2012 registered under Sections 406, 498-A IPC, Police Station Fatehgarh Sahib (Annexure P-1) and all the consequent proceedings arising 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 were recorded regarding the compromise which has been attached with the other connected petition bearing No. CRM-M-164712016. The trial Court has reported that the compromise is genuine. The trial Court has also sent original statements of the parties and the copy of compromise.

Learned counsel for the State on instructions submits that petitioners are the only accused and respondent No. 2 is the only aggrieved Gurpreet Singh Bhatia 2016.12.23 15:55 I attest to the accuracy and authenticity of this document High Court Chandigarh

Crl. Misc. No. M-18541 of 2016 -2person 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 Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052, approved by Hon'ble Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, the instant petition is allowed and the aforesaid FIR and all consequent proceedings conducted on the basis thereof are quashed qua the petitioners. Needless to say that parties shall remain bound by the terms of compromise and their statements made in the Court below. (ANITA CHAUDHRY) JUDGE December 23, 2016 Gurpreet Whether speaking/reasoned :

Yes Whether reportable :

No Gurpreet Singh Bhatia 2016.12.23 15:55 I attest to the accuracy and authenticity of this document High Court Chandigarh