Allowed

Mahipal and Ors. v. Anguri

Punjab & Haryana HC10 Nov 2008CRM-M/8745/2008

Case brief

AI extract

What is this about?

Out of identical FIRs, the High Court of Punjab & Haryana, in Criminal Misc. Nos. 8745 and 19864 of 2007, allowed the quashing of the FIR and subsequent proceedings. The dispute arose from a matrimonial context where a divorce decree had already passed, and the parties subsequently settled the matter amicably via compromise deeds. The Court held that no useful purpose would be served by continuing

What did the court decide?

Quashed FIR No. 3 dated 5.8.2006 registered under Sections 498-A, 120-B IPC at Police Station City Ropar and all subsequent proceedings arising therefrom.

Mahipal and Ors. Vs Anguri — Matrimonial and Divorce | Punjab & Haryana HC (2008)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Date of decision : December 08, 2008

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Criminal Misc. No. 8745 of 2007 (O&M) Divesh Kumar and others versus State of Punjab and another

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Criminal Misc. No. 19864 of 2007 (O&M) Manish Kumar versus State of Punjab and others

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Coram: Hon'ble Mr. Justice Pritam Pal

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Present : Mr. Pawan Sharma, Advocate for the petitioners Mr. IPS Sidhu, Sr. DAG Punjab Mr. Kamaldip Singh for private respondents

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Pritam Pal,J. (Oral)

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The aforesaid two petitions filed under Section 482 of the Code of Criminal Procedure for quashing of F.I.R. arise out of one and the same FIR No. 3 dated 5.8.2006 registered under Sections 498-A, 120-B of the Indian Penal Code at Police Station City Ropar, therefore, they are being disposed of together by this common order.

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Without going into any further details, suffice it to say that the aforesaid case was registered at the instance of respondent no. 3 Raj Kumar complainant in Criminal Misc. No. 19864-M of 2008 who is present in the Court and identified by his counsel Sh. Kamaldip Singh. His daughter Anupal is also present. This case arises out of matrimonial dispute between the parties. It is stated by learned counsel for the parties that, in fact, a decree of divorce has already been passed between Anpal and Manish Kumar. Now the parties have settled the dispute amicably with

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Criminal Misc. No. 8745 of 2007 (O&M) -2-

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the intervention of the respectables and common relations vide compromise deed/affidavits dated 17.11.2008 and 8.12.2008. In this case prosecution evidence is yet to be recorded.

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In the given facts and circumstances, this Court feels that no useful purpose would be served if the proceedings in the case in hand are allowed to continue. It would be in the interest of peace and harmony between the parties to close the chapter of this case.

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In the result, both the petitions succeed and consequently, FIR No. 3 dated 5.8.2006 registered under Sections 498-A, 120-B of the Indian Penal Code at Police Station City Ropar and all the subsequent proceedings arising therefrom, are hereby ordered to be quashed.

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December 08, 2008 ' dalbir'

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( Pritam Pal ) Judge

Mahipal and Ors. v. Anguri

Case brief

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Mahipal and Ors. v. Anguri

Case brief

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