CRM-M-26193-2017 (OM)
IN THE HIGH COURT OF PUNJAB HARYANA
AT CHANDIGARH
Crl. Misc. No.M-26193 of 2017
Date of decision : 21st September, 2018
Rajesh Bhatia and another
……Petitioner(s)
Versus
State of Punjab and another
…Respondent(s)
CORAM: HON’BLE MRS. JUSTICE ANITA CHAUDHRY
Present: Mr. N.S. Goraya, Advocate
for the applicants-petitioners.
Mr. Jagmohan Ghumman, DAG, Punjab.
Mr. Suresh Mankotia, Advocate
for complainant/respondent No.2.
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ANITA CHAUDHRY, J(ORAL)
The instant petition is for quashing of FIR No.267 dated
17.12.2009 registered under Sections 406 and 498A IPC, registered at
Police Station Haibowal, District Ludhiana and the consequent proceedings
arising out of the same, on the basis of written compromise arrived at
between the parties. Amended memo of parties has already been filed by the
counsel for the applicants-petitioners.
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-26193-2017 (OM)
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.
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 petitioners.
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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