SUKHWINDER SINGH Vs STATE OF PUNJAB AND ANR.

High Court Of Punjab And Haryana At Chandigarh 19 Sep 2017 9721 of 2017 (2017) 09 P&H CK 0053
Bench: SINGLE BENCH
Result Published
Acts Referenced

Judgement Snapshot

Case Number

9721 of 2017

Hon'ble Bench

Anupinder Singh Grewal

Advocates

Sandeep Arora, Seena Mand, G.S. Rawat

Final Decision

Allowed

Acts Referred
  • Indian Penal Code, 1860, Sections 295-A

Judgement Text

Translate:

1. The petitioner is seeking quashing of FIR No.57 dated 25.08.2016, under Sections 295-A IPC, registered at Police Station Dera Baba Nanak, District Batala along with all consequential proceedings arising therefrom, on the basis of compromise dated 23.03.2017 (Annexure P-2) arrived at between the parties.

2. Learned counsel for the petitioner contends that FIR is the result of misunderstanding between the parties on account of a monetary dispute and the matter has now been compromised.

3. A Coordinate Bench of this Court by the order dated 26.04.2017 had directed the parties to appear before the trial Court to record the statements of the parties with regard to genuineness of the compromise and send a report to this Court. The report of JMIC, Batala, dated 03.06.2017 has been received, wherein it is stated that in pursuance to the order of this Court, the statements of the parties were recorded which indicates that the compromise is genuine, without any coercion or undue influence.

4. The FIR is outcome of misunderstanding between the parties on account of monetary dispute and the matter has now been compromised.

5. In view of the mandate of the Hon''ble Supreme Court in the case of Narinder Singh and others Vs. State of Punjab and another, (2014) 6 SCC 466, no useful purpose will be served by continuing the criminal proceedings. Therefore, the petition is allowed and FIR No.57 dated 25.08.2016, under Sections 295-A IPC, registered at Police Station Dera Baba Nanak, District Batala and all subsequent proceedings arising therefrom, are hereby quashed qua the petitioner(s).

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