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Ashwani Kumar Vs State of Punjab

Case No: Crl. Misc. No. M-11068 of 2014

Date of Decision: July 21, 2014

Acts Referred: Penal Code, 1860 (IPC) — Section 120, 406

Hon'ble Judges: Anita Chaudhary, J

Bench: Single Bench

Advocate: Swapan Shorey, Advocate for the Appellant; V.K. Chaudhary, DAG, Punjab and Vishal Deep Goyal, Advocate for the Respondent

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Judgement

Anita Chaudhary, J.@mdashThe instant petition is for quashing of FIR No. 34 dated 17.03.2009 registered under Sections 406/120 IPC, Police

Station City Dhuri, District Sangrur and the consequent proceedings arising out of the same, on the basis of written compromise arrived at between

the parties.

2. Report has been received from the trial Court after statements of the parties was recorded regarding the compromise. The trial Court has

reported that the compromise is voluntary and without any pressure or coercion. The trial Court has also sent copy of the statements of parties

with regard to the compromise.

3. 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.

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

5. 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, approved by Hon''ble Apex Court in Gian Singh Vs. State of Punjab and Another, the instant

petition is allowed and the aforesaid FIR and all consequent proceedings conducted on the basis thereof are quashed.

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