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Surinder Masih vs State Of Punjab And Anr on 20 September, 2018

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

Versus

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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08-10-2018 00:55:34 :::
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.

(ANITA CHAUDHRY)
JUDGE
September 20, 2018
Gurpreet

Whether speaking/reasoned : Yes

Whether reportable : No

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08-10-2018 00:55:35 :::

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