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Pankaj Shukla vs State Of Ut Chandigarh And Anr on 10 October, 2018

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.

****

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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