The petition sought quashing of an FIR involving Sections 406, 498-A, and 354 IPC under a compromise. The trial court certified the compromise as genuine. The High Court allowed the petition and quashed the FIR and consequent proceedings.
The FIR No.0123 and all consequent proceedings are quashed qua the petitioners.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-15283 of 2016(O&M) Date of decision:23.11.2016
Sandeep Singh and others
..Petitioners
Versus
State of Punjab and another
..Respondents
CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY
Present: Mr. Varun Sharma, Advocate, for the petitioners.
Mr. K.S.Aulakh, AAG, Haryana.
Mr. J.C.Kaushal, Advocate, for respondent no.2.
ANITA CHAUDHRY, J. (Oral)
The instant petition is for quashing of FIR No.0123, dated 31.10.2015, registered under Sections 406, 498-A and 354 IPC Police Station Phase 11, District SAS Nagar (Mohali) and all 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 genuine and without any pressure or coercion. The trial court has also sent original statements of parties.
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.
Naresh Kumar 2016.11.28 10:21 I attest to the accuracy and integrity of this document Chandigarh
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 v. 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.
November 23, 2016 (ANITA CHAUDHRY) nt JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No
Naresh Kumar 2016.11.28 10:21 I attest to the accuracy and integrity of this document Chandigarh
2 issues framed by the court
whether the FIR under Sections 406, 498-A, and 354 IPC should be quashed based on a genuine compromise.
whether the consequent legal proceedings arising from the FIR should be allowed to remain pending.
Colour shows how this judgement treated each authority
khalbinder singh and others v. state of Punjab and another, 2007 (3) rcr (criminal), 1052Followed¶19
sandeep singh and others
state of Punjab and another
anita chaudhry
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
