IN THE HIGH COURT OF PUNJAB HARYANA
Date of decision : 10th October, 2018
JAGDIP SINGH @ JAGDEEP SINGH
STATE OF PUNJAB AND ANR
CORAM: HON’BLE MRS. JUSTICE ANITA CHAUDHRY
Present: Mr. Himanshu Puri, Advocate
for the applicant-petitioner.
Mr. Jagmohan Ghumman, DAG, Punjab.
Mr. Balram Prashar, Advocate
for Mr. Sunny Singh, Advocate
for complainant/respondent No.2.
ANITA CHAUDHRY, J(ORAL)
The instant petition is for quashing of FIR No. 48 dated
20.06.2013 registered under Sections 498A and 406 IPC, registered at
Police Station Dhilwan, District Kapurthala and the consequent proceedings
arising out of the same, on the basis of written compromise arrived at
between the parties.
Learned counsel for the petitioner has also referred to personal
bonds/surety bonds dated 13.07.2018 furnished before the Courts below to
show that the petitioner was released on interim bail.
Report has been received from the trial Court after statements
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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 statements of parties in original.
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.
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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