Punjab-Haryana High Court
Arsh Kumar vs State Of Haryana And Anr on 3 December, 2018
Author: Anita Chaudhry
Bench: Anita Chaudhry
290 IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CRM-M-30473-2018 (O&M)
Date of decision : 03.12.2018
Arsh Kumar
...Petitioner
Versus
State of Haryana and another
...Respondents
CORAM: HON'BLE MS. JUSTICE ANITA CHAUDHRY
Present: Mr. Avishek, Advocate
for the petitioners.
Mr. Arun Kumar, A.A.G., Haryana.
Mr. Pawan Kumar, Advocate
for respondent No.2.
****
ANITA CHAUDHRY, J(ORAL) The instant petition is for quashing of FIR No.90 dated 01.02.2018 registered under Sections 323/34/406/498-A & 506 of IPC at Police Station Sirsa City, District Sirsa and the consequent proceedings arising out of the same, on the basis of 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 genuine and without any fear, force and coercion. The trial Court has also sent copies of the statements of the parties.
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.
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CRM-M-30473-2018 (O&M) -2-
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.
December, 03, 2018 (ANITA CHAUDHRY)
ps-I JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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