CRM-M-33345-2018
IN THE HIGH COURT OF PUNJAB HARYANA
AT CHANDIGARH
CRM-M-33345-2018
Date of decision : 10th October, 2018
PANKAJ SHUKLA
……Petitioner
Versus
STATE OF UT CHANDIGARH AND ANR
…Respondent(s)
CORAM: HON’BLE MRS. JUSTICE ANITA CHAUDHRY
Present: Mr. Gagandeep Goel, Advocate
for the petitioner.
Mr. Manish Jain, Standing Counsel for
U.T Chandigarh.
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ANITA CHAUDHRY, J(ORAL)
Mr. Kulwant Singh, Advocate puts in appearance on behalf of
the respondent No.2 and submits power of attorney. The same is taken on
record.
The instant petition is for quashing of FIR No. 237 dated
19.06.2015 registered under Sections 406 and 498A IPC, registered at
Police Station Sector 39, 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
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CRM-M-33345-2018
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 U.T. Chandigarh 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
10.10.2018
tarun
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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