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Rajesh Bhatia And Anr vs State Of Punjab & Anr on 21 September, 2018

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.
****

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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