Allowed

Savitri & Others v. State of Haryana

Punjab & Haryana HC13 Nov 2009CRM-M/23750/2009

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana allowed a petition under Section 482 Cr.P.C. to quash an FIR involving Sections 498-A, 406, and 34 IPC. Relying on Supreme Court precedents, the court held that a valid compromise arrived at through respectable persons warranted quashing of the proceedings even for non-compoundable offences.

What did the court decide?

FIR No. 884 dated 17.10.2006 and all consequent proceedings are quashed.

Savitri & Others Vs State of Haryana — Matrimonial and Divorce | Punjab & Haryana HC (2009)

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CRM-M. 23750 of 2009

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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CRM-M. 23750 of 2009 DECIDED ON : 13.11.2009.

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Smt Savitri and others.

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Petitioners.

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VERSUS

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State of Haryana Respondent

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CORAM: Hon'ble Mr.JUSTICE RAKESH KUMAR JAIN

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Present:- Mr. Kuldeep Khandelwal, Advocate, for the petitioners.

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Mr. K.C.Gupta, Assistant Advocate General, Haryana.

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RAKESH KUMAR JAIN,J.

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This is a petition under Section 482 of the Code of Criminal Procedure (for short “Cr.P.C.”) for quashing the FIR No. 884 dated 17.10.2006 (Annexure P-1), registered under Sections 498-A/406/34 I.P.C., at Police Station City, Sirsa and the criminal proceedings arising out of it on the basis of a compromise dated 20.8. 2009 (Annexure P-2) arrived at between the parties

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CRM-M. 23750 of 2009

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and affidavit dated 24.8.2009 (Annexure P-3).

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The aforesaid FIR has been registered by complainant Smt. Kavita Rani (petitioner No.3) against petitioner Nos. 1 and 2 who are her mother in law and husband respectively.

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Learned counsel for the petitioners has submitted that due to intervention of the respectables, the matter has been resolved in terms of a Panchayati Rajinama dated 20^th August, 2009(Annexure P-2). Affidavit (Annexure P-3) to this effect has also been filed by petitioner No.3 Smt. Kavita Rani.

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Notice of motion was issued on 27^th August,

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Respondent No.1 has filed reply.

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Learned counsel for petitioner No.3

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(complainant) and her husband (petitioner No.2) are present in Court. Both of them have been identified by Mr. Rajesh Khandelwal, Advocate. I have asked petitioner No.3 about the compromise. She has stated that the matter has been resolved by a compromise and there is no change in it.

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Learned counsel for the petitioners has submitted that since the matter has been settled between the parties, FIR may be quashed as against

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CRM-M. 23750 of 2009

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petitioners Nos 1 and 2, although the offence under Section 498-A/406/34 I.P.C. are not compoundable. He relies upon a decision of the Supreme Court rendered in the case of B.S.Joshi and others Vs. State of Haryana, 2003(2) RCR (Criminal) 888 and Full Bench decision of this Court in case of Kulwinder Singh and others Vs. State of Punjab and others, 2007(3) RCR (Criminal), 1052 in which even non-compoundable offences have been compounded.

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After hearing learned counsel for the parties and keeping in view the facts and circumstances of the present case as well as the aforesaid judgment of the Apex Court as also this Court, the present petition is allowed. The FIR No. 884 dated 17.10.2006 (Anneuxre P-1), registered under Sections 498-A/406/34 I.P.C., at Police Station City, Sirsa and all consequent proceedings arising therefrom are hereby quashed.

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This petition stands disposed of.

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13.11.2009. Anoop

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(RAKESH KUMAR JAIN ) JUDGE

Savitri & Others v. State of Haryana

Case brief

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Savitri & Others v. State of Haryana

Case brief

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