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2011 Supreme(P&H) 2048

RAJAN GUPTA
Prem Singh – Appellant
Versus
Union Territory, Chandigarh – Respondent


Advocates:
For the Petitioners:Mr. Deepinder Singh, Advocate for Mr. Sudhir Sharma, Advocate.
For the U.T. Chandigarh:Mr. Sanjay, Advocate for Mr. D.D. Sharma, Advocate.
For the Respondent No. 2:Mr. Munish Sharma, Advocate.

JUDGMENT

Mr. Rajan Gupta J. (Oral) - The petitioners have preferred this petition seeking quashing of FIR No. 650 dated 28.11.2008 registered against them under sections 364- A, 473, 419/34 IPC and section 25 of the Arms Act at police station, Sector 39, Chandigarh (Annexure P/1) and the subsequent proceedings arising therefrom.

2. Learned counsel for the petitioners submits that during the pendency of trial before the court of Additional Sessions Judge, Chandigarh, the matter has been amicably settled between the parties and thus FIR in question deserves to be quashed. By way of separate application (C.M. No. 43487 of 2011) he has placed on record statement of PW 29 (Bhupinder Kaur) mother of abducted child to contend that main witness of prosecution having turned hostile, no useful purpose would be served by allowing the trial to continue.

3. The prayer has, however, been opposed by learned counsel appearing for the U.T. Chandigarh. He submits that in view of nature of allegations levelled in the FIR, no case for quashing of same is made out.

4. I have heard learned counsel for the parties.

5. The FIR was lodged by Surjit Singh who stated that he was residing in House No. 5822-A,





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