Punjab-Haryana High Court
Ashish Seth vs State Of Haryana And Anr on 15 December, 2018
Author: Anita Chaudhry
Bench: Anita Chaudhry
Crl. Misc. No.M-24595 of 2018 (O&M). 1
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
Crl. Misc. No.M-24595 of 2018 (O&M)
Date of decision : 15.12.2018
ASHISH SETH
......Petitioner(s)
Versus
STATE OF HARYANA AND ANR.
...Respondent(s)
CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY
Present: Ms. Kamlesh Advocate for
Mr. Parminder Singh, Advocate
for the petitioner.
Ms. Priyanka Sadar, AAG, Haryana.
Mr. Aakash Juneja, Advocate
for respondent no.2.
****
ANITA CHAUDHRY, J(ORAL) Case file taken up today as 12.12.2018 was declared holiday. The instant petition is for quashing of FIR No. 544 dated 27.07.2015 registered under Sections 323, 406, 498-A, 506, 34 IPC, Police Station Civil Line Karnal, District Karnal and 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. The trial Court has reported that the compromise is voluntary and without any pressure or coercion. The trial Court has also sent statements of parties and the compromise deed.
1 of 2 ::: Downloaded on - 23-03-2019 23:33:55 ::: Crl. Misc. No.M-24595 of 2018 (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 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 petitioner.
Needless to say that parties shall remain bound by the terms of compromise and their statements made in the Court below.
15.12.2018 (ANITA CHAUDHRY)
sunil JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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