CRM-M-7773-2018 (OM)
IN THE HIGH COURT OF PUNJAB HARYANA
AT CHANDIGARH
Crl. Misc. No.M-7773 of 2018
Date of decision : 21st September, 2018
Avinash Sharma
……Petitioner
Versus
Union Territory and another
…Respondent(s)
CORAM: HON’BLE MRS. JUSTICE ANITA CHAUDHRY
Present: Mr. Chander Singh, Advocate
for Mr. Rajeev Duggal, Advocate
for the petitioner.
Mr. Lalit Gupta, APP for UT, Chandigarh.
Mr. Akshay Sethi, Advocate
for complainant/respondent No.2.
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ANITA CHAUDHRY, J(ORAL)
The instant petition is for quashing of FIR No.110 dated
20.11.2017 registered under Sections 498A and 406 IPC, registered at
Police Station Women, Sector 17, U.T., Chandigarh 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 trial Court after statements
of the parties were recorded regarding the compromise. The trial Court has
reported that the compromise is voluntary and without any pressure or
coercion. The trial Court has also sent the copy of statements of parties.
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CRM-M-7773-2018 (OM)
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.
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.
(ANITA CHAUDHRY)
JUDGE
21.09.2018
tarun
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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