Punjab-Haryana High Court
Gurbachan Singh And Others vs State Of Haryana And Another on 26 September, 2013
CRM No. M-15284 of 2013 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM No. M-15284 of 2013
Date of Decision: 25.09.2013
Gurbachan Singh and others
...Petitioners
Versus
State of Haryana and another
...Respondents
CORAM: HON'BLE MR.JUSTICE R.P. NAGRATH
Present: Ms. Savita Rana, Advocate
for the petitioners.
Mr. Manish Deswal, DAG, Haryana
for the State.
Mr. G.S. Sandhu, Advocate
for respondent No.2.
R.P. Nagrath, J. (Oral)
The instant petition has been filed for quashing FIR No.14 dated 5.1.2011 for offences under Sections 406, 420, 467, 468, 471, 120-B IPC and the subsequent proceedings on the basis of the written compromise arrived at between the parties.
The report from the trial Court has been received after recording statements of petitioners as well as complainant/ respondents No.2, alongwith original statements. It is reported that compromise is voluntary and without any coercion or undue influence. The learned State counsel also informs on instructions Kumar Suresh 2013.10.01 11:52 I attest to the accuracy and integrity of this document Chandigarh CRM No. M-15284 of 2013 2 from SI Churia Ram that petitioners are the only accused persons and respondent No.2 is the only aggrieved person in this case. The learned State counsel also submits that charge was framed by the trial Court under Sections 420, 120-B IPC.
No useful purpose would be served in continuing the proceedings in this case in view of the compromise arrived at between them.
Following the principles laid down by the Full Bench judgement of this Court in Kulwinder Singh and others v. State of Punjab and another, 2007 (3) RCR (Criminal) 1052 (P&H) and approved by the Hon'ble Supreme Court in Gian Singh Vs. State of Punjab and others, (2012)10 SCC 303, this petition is allowed and FIR No.14 dated 5.1.2011, Police Station Karnal Civil Lines, District Karnal and subsequent proceedings for offences under Sections 420 and 120-B IPC conducted on the basis thereof, are quashed.
Needless to say that parties shall remain bound by the terms of compromise and their statements.
(R.P. Nagrath) 25.09.2013 Judge sk Kumar Suresh 2013.10.01 11:52 I attest to the accuracy and integrity of this document Chandigarh