Allowed

Vinay Mehndirata and Ors. v. State of Punjab and Anr.

Punjab & Haryana HC18 Mar 2010CRM-M/25661/2009

Case brief

AI extract

What is this about?

This petition sought quashing of an FIR based on a matrimonial settlement. The court held that non-compoundable offences in matrimonial disputes can be quashed if amicable settlement is achieved, relying on Kulwinder Singh. The FIR was quashed.

What did the court decide?

FIR No. 66 dated 10.4.2009 under Sections 406,420,498-A and 120-B IPC is quashed along with all consequential proceedings.

Vinay Mehndirata and Ors. Vs State of… — Matrimonial and Divorce | Punjab & Haryana HC (2010)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Criminal Misc.No. M- 25661 of 2009 Date of decision:- 18.3.2010

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Vinay Mehandiratta and others

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...Petitioners

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Versus

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State of Punjab and another

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...Respondents

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CORAM: HON'BLE MR. JUSTICE RAM CHAND GUPTA

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Present:Mr. A.S. Walia, Advocate for the petitioners.

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Mr. Abhishek Chautala, AAG Punjab for respondent No.1-State.

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Mr. Kanwar Yuvraj, Advocate for respondent No.2.

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RAM CHAND GUPTA J.(Oral)

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The present petition filed under Section 482 Cr.P.C. is for quashing of FIR No. 66 dated 10.4.2009, under Sections 406,420,498-A and 120-B IPC, registered at Police Station City, Rupnagar, District Rupnagar, on the basis of compromise (Annexure P-2).

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I have heard learned counsel for the parties and have gone through the whole record carefully.

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It has been stated by learned counsel for the parties that the dispute between the parties is matrimonial in nature and that the same has been amicably settled due to intervention of respectable persons and relatives from both the sides. Compromise Ex.P-2 has been placed on record. Respondent No.2 also appeared through counsel and filed her short reply by way of affidavit admitting the factum of compromise and stated that the dispute between the parties has been compromised and she is having no objection if the FIR and consequential proceedings are quashed.

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Respondent No.2 has also been handed over a draft of Rs.5,00,000/- on behalf of petitioners pursuant to the said compromise.

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In appropriate cases FIR can be quashed on the basis of

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Criminal Misc.No. M- 25661 of 2009

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-2-

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compromise by exercising power under Section 482 Cr.P.C., even if the offences are not compoundable. It was so held by Full Bench of this Court in the case of

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Kulwinder Singh vs. State of Punjab, 2007(3) RCR (Crl.) 1052 .

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Hence, in view of these facts and in view of the fact that the dispute between the parties is matrimonial in nature and the same has been amicably settled, the present petition is accepted and FIR No. 66 dated 10.4.2009, under Sections 406,420,498-A and 120-B IPC, registered at Police Station City, Rupnagar, District Rupnagar alongwith all consequential proceedings arising therefrom, is quashed.

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March 18, 2010 ( RAM CHAND GUPTA ) vj JUDGE

Vinay Mehndirata and Ors. v. State of Punjab and Anr.

Case brief

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What did the court decide?

Vinay Mehndirata and Ors. v. State of Punjab and Anr.

Case brief

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What did the court decide?

What the court decided

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