Allowed

Rajiv Kalia and Ors. v. State of Punjab and Anr.

Punjab & Haryana HC21 May 2009CRM-M/10180/2009

Case brief

AI extract

What is this about?

The Punjab and Haryana High Court allowed a criminal miscellaneous petition filed under Section 482 Cr.P.C. to quash an FIR registered under Sections 406, 498-A, and 34 IPC arising from a compromise between parties in a private dispute, relying on the precedent Kulwinder Singh.

What did the court decide?

The FIR under Sections 406, 498-A, and 34 IPC and subsequent proceedings are quashed.

Rajiv Kalia and Ors. Vs State of Punjab and Anr. — Quashing and FIR | Punjab & Haryana HC (2009)

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Criminal Misc. No. M-10180 of 2009

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Criminal Misc. No. M-10180 of 2009 Date of decision: May 21, 2009

Rajiv Kalia & others

-Petitioners

Versus

State of Punjab & another -Respondents

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Coram Hon'ble Mr. Justice Rajan Gupta

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Present: Ms. GK Mann, Advocate, for the petitioners.

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Mr. Shilesh Gupta, DAG, Punjab. Mr. HS Sangha, Advocate, for respondent No.2.

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Rajan Gupta, J.(Oral)

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The petitioners have filed this petition under Section 482 Cr.P.C. for quashing of FIR No. 302 dated 16-8-2007 under Sections 406,498-A,34 IPC, registered at Police Station Civil Lines, Amritsar (Annexure P-1) and the subsequent proceedings arising therefrom, on the basis of compromise (Annexure P-2) arrived at between the parties.

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Complainant/respondent No.2 is present in Court. She is duly identified by her counsel. She has filed an affidavit, which is taken on record as Mark 'A', wherein she admits the factum of compromise (Annexure P-2 ) arrived at between the parties. She states that she has no objection if the present FIR is quashed.

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Learned State counsel submits that since the dispute is of a private nature between the parties, the State would not stand in the way of quashing the FIR in case there is a compromise.

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Criminal Misc. No. M-10180 of 2009 2

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The compromise is in the interest of the parties and after the matter has been resolved by an amicable settlement, no useful purpose shall be served with continuance of the criminal proceedings, which would be a futile exercise.

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In view of the above, the present FIR deserves to be quashed in the light of the decision of Full Bench of this Court in Kulwinder Singh and others Vs. State of Punjab, 2007 (3) RCR (Crl.) 1052.

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Resultantly, the present petition is allowed, the FIR and the subsequent proceedings arising therefrom are hereby quashed.

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[Rajan Gupta] Judge

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May 21, 2009. 'ask'

Rajiv Kalia and Ors. v. State of Punjab and Anr.

Case brief

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What did the court decide?

Rajiv Kalia and Ors. v. State of Punjab and Anr.

Case brief

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What did the court decide?

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