277 IN THE HIGH COURT OF PUNJAB HARYANA
AT CHANDIGARH
CRM-M-23292-2018 (OM)
Date of decision : 07.09.2018
Jasbir Singh Daswal @ Chiraj and another
……Petitioners
Versus
State of Haryana and another
…Respondents
CORAM: HON’BLE MS. JUSTICE ANITA CHAUDHRY
Present: Mr. Vaibhav Sehgal, Advocate
for the petitioners.
Mr. Ripu Daman, A.A.G., Haryana.
None for respondent No.2.
****
ANITA CHAUDHRY, J(ORAL)
The instant petition is for quashing of FIR No.15 dated
13.01.2015 registered under Sections 406/498-A/506/323 of IPC (Section
377 IPC and Section 66-A of I.T. Act added later on) at Police Station
Faridabad Kotwli, District Faridabad 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 Voluntary and without any
pressure, threat, coercion or undue influence. The trial Court has also sent
statements of the parties in original.
Learned counsel for the State on instructions submits that
petitioners are the only accused and respondent no.2 is the only aggrieved
person in this FIR.
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CRM-M-23292-2018 (OM) -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.
Needless to say that parties shall remain bound by the terms
of compromise and their statements made in the Court below.
(ANITA CHAUDHRY)
JUDGE
07.09.2018
ps-I
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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