The High Court quashed FIR No. 0055 under Sections 452, 354 IPC cited a genuine compromise between parties as supported by trial court report, relying on precedents.
FIR No. 0055 and all consequent proceedings arising out of the same are quashed qua the petitioner.
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Crl. Misc. No. M-22489 of 2018
In the High Court of Punjab and Haryana at Chandigarh
Crl. Misc. No. M-22489 of 2018 Date of Decision: 27.9.2018
Baljit Singh
......Petitioner
Versus
State of Punjab and another .....Respondents
CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY
Present: Mr. G.S.Simble, Advocate for the petitioner.
Mr. Jagmohan Ghumman, DAG, Punjab.
Mr. Bhavna Grewal, Advocate for respondent No. 2.
ANITA CHAUDHRY, J (ORAL)
The instant petition is for quashing of FIR No. 0055 dated 9.5.2018 registered under Sections 452, 354 IPC, Police Station Fatehgarh Churian, Police District Batala, 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 compromise is genuine and without any pressure. The trial Court has also sent the statements of the parties in original.
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.
GURPREET SINGH 2018.10.03 16:36 I attest to the accuracy and authenticity of this document chandigarh
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Crl. Misc. No. M-22489 of 2018
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.
(ANITA CHAUDHRY) JUDGE
September 27, 2018 Gurpreet Whether speaking/reasoned : Yes Whether reportable : No
GURPREET SINGH 2018.10.03 16:36 I attest to the accuracy and authenticity of this document chandigarh
1 issue framed by the court
Whether FIR under Sections 452, 354 IPC should be quashed upon genuine compromise after Full Bench judgment.
Colour shows how this judgement treated each authority
Kulwinder Singh and others Vs. State of Punjab and anotherFollowed¶22
Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052
Gian Singh Vs. State of Punjab and othersExplained¶22
Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303 · Who else cites this
Baljit Singh
State of Punjab
Respondent No. 2
ANITA CHAUDHRY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
