IN THE HIGH COURT OF PUNJAB HARYANA
Date of decision : 16th November, 2018
SUKHVINDER KUMAR BANSAL
STATE OF PUNJAB AND ANR
CORAM: HON’BLE MRS. JUSTICE ANITA CHAUDHRY
Present: Mr.Rishu Mahajan, Advocate
for the petitioner.
Mr. Jagmohan Ghumman, DAG, Punjab.
ANITA CHAUDHRY, J(ORAL)
Mr. Lakshay, Advocate for complainant/respondent No.2. puts
in appearance on behalf of the respondent and submits power of attorney.
The same is taken on record.
The instant petition is for quashing of FIR No.22 dated
05.03.2014 registered under Sections 406 and 498A IPC, registered at
Police Station Women Cell Jalandhar, District Jalandhar 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
reported that the compromise is voluntary and without any pressure or
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coercion. The trial Court has also sent the copy of statements of parties.
Learned counsel for the State 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.
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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