Punjab-Haryana High Court
Najar Singh And Another vs State Of Punjab And Anr on 19 May, 2014
Crl.Misc.No.M-29615 of 2013(O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl.Misc.No.M-29615 of 2013(O&M)
Date of Decision: 19.05.2014
Najar Singh and another ........Petitioners
Vs.
State of Punjab and anr. ........Respondents
CORAM: HON'BLE MR. JUSTICE R.P. NAGRATH
Present:- Mr.D.S.Khurana, Advocate for the petitioners.
Mr.Mehardeep Singh, DAG Punjab.
Mr.J.S.Arora, Advocate for respondent/complainant.
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R.P. NAGRATH, J. (ORAL)
The instant petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.100 dated 28.06.2006 for the offence under Sections 498-A, 419, 420, 494, 120-B IPC registered at Police Station City Jalalabad, District Ferozepur along with all consequential proceedings arising therefrom, on the basis of compromise.
Report has been received from trial Court after recording statements of the parties on compromise. The trial Court has reported that compromise is voluntary and without any pressure or coercion. Trial Court has also sent original statements of parties recorded by it.
Learned counsel for the State on instructions from ASI Om Parkash submits that apart from petitioners, Ajay Kumar has been declared proclaimed offender in this FIR. It is further submitted that respondent No.2-complainant is the only aggrieved person.
No useful purpose would be served in continuing with the Anil Kumar proceedings in the case in view of the compromise arrived at between them. 2014.05.21 10:43 I attest to the accuracy and integrity of this document Crl.Misc.No.M-29615 of 2013(O&M) 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 FIR No.100 dated 28.06.2006 for the offence under Sections 498-A, 419, 420, 494, 120-B IPC registered at Police Station City Jalalabad, District Ferozepur, along with all consequential proceedings arising therefrom qua the petitioners only are quashed.
Needless to say that parties shall remain bound by the terms of compromise and their statements.
(R.P.NAGRATH) JUDGE 19.05.2014 anil Anil Kumar 2014.05.21 10:43 I attest to the accuracy and integrity of this document