Punjab-Haryana High Court
Baljeet Singh & Ors vs State Of Punjab & Anr on 15 February, 2016
Author: Anita Chaudhry
Bench: Anita Chaudhry
Crl. Misc. No.M-39028 of 2015 1
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
Crl. Misc. No.M-39028 of 2015
Date of decision : 15.02.2016
Baljeet Singh and others
......Petitioner(s)
Versus
State of Punjab and another
...Respondent(s)
CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY
Present: Mr. Kanwaljeet Singh Derabassi, Advocate
for the petitioners.
Mr. VPS Sidhu, AAG, Punjab.
Mr. Pawan Kumar Sharma , Advocate
for respondent no.2.
****
ANITA CHAUDHRY, J(ORAL) The instant petition is for quashing of FIR No. 214 dated 26.10.2013 registered under Sections 406, 498-A, 494 IPC, Police Station Dera Bassi, District SAS Nagar 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 JMIC, Derabassi after statements of the parties were recorded regarding the compromise. The JMIC, Derabassi has reported that statement of parties were recorded after receipt was placed on record showing the deposit of costs of Rs.10,000/- in compliance of order dated 19.11.2015, SUNIL SEHGAL 2016.02.15 15:55 I attest to the accuracy and authenticity of this document HIGH COURT CHANDIGARH Crl. Misc. No.M-39028 of 2015 2 passed by this Court. The JMIC, Derabassi has also reported that compromise is voluntary and without any pressure or coercion. The JMIC, Derabassi has also sent copy of the statements of parties and copy of the compromise Ex.CX.
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 Court below 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.
Needless to say that parties shall remain bound by the terms of compromise and their statements made in the Court below.
15.02.2016 (ANITA CHAUDHRY)
sunil JUDGE
SUNIL SEHGAL
2016.02.15 15:55
I attest to the accuracy and
authenticity of this document
HIGH COURT CHANDIGARH