Allowed

Anurag Sharma v. State of Punjab & Anr.

Punjab & Haryana HC16 Aug 2016CRM-M/13591/2016

Case brief

AI extract

What is this about?

The court granted a writ petition to quash FIR No. 76 and consequent proceedings under specific IPC sections. Based on a genuine compromise reported by the trial court and established legal principles, the FIR and related proceedings were quashed against the petitioner.

What did the court decide?

FIR No. 76 and all consequent proceedings arising therein are quashed against the petitioner.

Anurag Sharma Vs State of Punjab & Anr. — Quashing and FIR | Punjab & Haryana HC (2016)

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Crl. Misc. No. M-13591 of 2016

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In the High Court of Punjab and Haryana at Chandigarh

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Crl. Misc. No. M-13591 of 2016 Date of Decision: 16.8.2016

Anurag Sharma

......Petitioner

Versus

State of Punjab and another .....Respondents

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CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY

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Present: Mr. S.K.Choudhary, Advocate for the petitioner.

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Mr. Deep Singh, AAG, Punjab.

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None for respondent No. 2.

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ANITA CHAUDHRY, J(ORAL)

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The instant petition is for quashing of FIR No. 76 dated 22.5.2015 registered under Sections 341, 323, 354, 354-B, 506 IPC, Police Station Division No. 1, District Pathankot (Annexure P-1) and all the consequent proceedings arising out of the same, on the basis of written compromise arrived at between the parties.

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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 genuine and valid. The trial Court has also sent the statements of parties.

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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.

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No useful purpose would be served to keep the FIR pending.

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Gurpreet Singh Bhatia 2016.08.19 11:32 I attest to the accuracy and authenticity of this document High Court Chandigarh

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Crl. Misc. No. M-13591 of 2016

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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.

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Needless to say that parties shall remain bound by the terms of compromise and their statements made in the Court below.

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(ANITA CHAUDHRY) JUDGE August 16, 2016 Gurpreet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

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Gurpreet Singh Bhatia 2016.08.19 11:32 I attest to the accuracy and authenticity of this document High Court Chandigarh

Anurag Sharma v. State of Punjab & Anr.

Case brief

What is this about?

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Anurag Sharma v. State of Punjab & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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