Crl. Misc. No. M-5950 of 2018 -1-
In the High Court of Punjab and Haryana at Chandigarh
Crl. Misc. No. M-5950 of 2018
Date of Decision: 20.9.2018
Surinder Masih …..Petitioner
State of Punjab and another …..Respondents
CORAM: HON’BLE MRS. JUSTICE ANITA CHAUDHRY
Present: None for the petitioner.
Ms. Jaspreet Kaur, AAG, Punjab.
None for respondent No. 2.
ANITA CHAUDHRY, J (ORAL)
The instant petition is for quashing of FIR No. 26 dated
27.6.2016 registered under Sections 354 IPC, Police Station Bhaini Mian
Khan, District Gurdaspur (Annexure P-1) and all the consequent
proceedings arising out of the same, on the basis of compromise (Annexure
P-2) 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 parties have compromised the matter without any pressure.
The trial Court has also sent the copy of the statements of the 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.
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Crl. Misc. No. M-5950 of 2018 -2-
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.
September 20, 2018
Whether speaking/reasoned : Yes
Whether reportable : No
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