Punjab-Haryana High Court
Sajan And Ors vs State Of Punjab And Anr on 7 July, 2015
Author: Hari Pal Verma
Bench: Hari Pal Verma
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
CRM-M-2579 of 2015
Date of decision: 07.07.2015
Sajan and others
----Petitioner(s)
V/s
State of Punjab & another
-----Respondent(s)
CORAM:- HON'BLE MR. JUSTICE HARI PAL VERMA
1. Whether reporters of local newspapers may be allowed to
see judgment?
2. To be referred to reporters or not?
3. Whether the judgment should be reported in the Digest?
Present:- Mr. Peeush Ganeja, Advocate for the petitioner(s).
Mr. P.S. Madahar, AAG, Punjab.
Mr. Harpal Singh, Advocate for respondent no.2.
---
HARI PAL VERMA, J. (Oral)
Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of FIR No.22, dated 01.02.2013 (Annexure P-1), under Sections 341/365/354/323/34 of IPC (Section 365 IPC deleted later on), registered at Police Station, City-I, Tehsil Abohar, District-Fazilka and all the consequent proceedings arising therefrom on the basis of compromise dated 23.12.2014 (Annexure P-2).
This Court vide order dated 23.01.2015, had directed the parties to appear before the trial Court to get their statements recorded and the trial Court was directed to submit its report ANJAL GUPTA 2015.07.08 11:06 I attest to the accuracy and authenticity of this document high court chandigarh CRM-M-2579 of 2015 2 about the genuineness of the compromise as per the statements so recorded.
Accordingly, the parties have appeared before learned Sub Divisional Judicial Magistrate, Abohar and have got their statements recorded. On the basis of the statements so recorded by the parties, learned Sub Divisional Judicial Magistrate, Abohar has submitted his report dated 27.02.2015 to the effect that the compromise entered between the parties is genuine, voluntary and the same has been effected without any coercion and undue influence.
Learned State counsel as well as learned counsel appearing on behalf of respondent No.2 have also endorsed the factum of compromise effected between the parties.
In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant FIR qua the petitioners.
Accordingly, following the principles laid down by the Full Bench judgment 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. 22, dated 01.02.2013 (Annexure P-1), under Sections 341/365/354/323/34 of IPC (Section 365 IPC deleted later on), registered at Police Station, City-I, Tehsil Abohar, District-Fazilka and all subsequent ANJAL GUPTA 2015.07.08 11:06 I attest to the accuracy and authenticity of this document high court chandigarh CRM-M-2579 of 2015 3 proceedings arising therefrom are hereby quashed, on the basis of compromise dated 23.12.2014 (Annexure P-2).
July 07, 2015 ( HARI PAL VERMA )
Anjal JUDGE
ANJAL GUPTA
2015.07.08 11:06
I attest to the accuracy and
authenticity of this document
high court chandigarh