The High Court of Punjab and Haryana quashed an FIR and subsequent proceedings under sections 498A and 406 IPC following a valid compromise recorded by the trial court, relying on established precedence.
FIR No.124 dated 19.7.2004 and subsequent proceedings were quashed subject to deposit of Rs.10,000 as costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl.Misc.No.M-15046 of 2011
DATE OF DECISION: August 19, 2011
Amarjit Singh and others …..Petitioners
versus
State of Haryana and another
.....Respondents
CORAM:HON'BLE MR. JUSTICE RAJAN GUPTA
Present: Mr.Rakesh Nehra, Advocate for the petitioners
Mr.Sidharth Sarup, DAG, Haryana
Mr.Surinder Pal, Advocate for respondent No.2
..
RAJAN GUPTA, J. : (Oral)
The petitioners have filed this petition under section 482 Cr.P.C. for quashing of FIR No.124 dated 19.7.2004 (Annexure P-1) registered under sections 498A,406 IPC at police station Beri, District Jhajjar and all the subsequent proceedings arising therefrom on the basis of compromise (Annexure P-2).
Learned counsel for the petitioners and
respondent No.2 submit that during the pendency of this petition, a compromise was effected between the petitioner and respondent No.2-complainant. Relying upon the judgment reported as Kulwinder Singh and others vs. State of Punjab,
2007(3) RCR (Crl.) 1052 , learned counsel submit that in view of compromise, the FIR in question deserves to be quashed.
Learned State counsel does not dispute the ratio of judgment in Kulwinder Singh’s case (supra) and submits that in case a compromise is arrived at between the parties, the State shall not stand in the way of quashing of FIR.
Heard.
Crl.Misc.No.M-15046 of 2011 - 2 –
It appears that while issuing notice of motion a direction was issued by this court to record the statements of the parties with regard to validity or otherwise of the compromise. A report has been received from the trial court. Operative part thereof reads thus:
“In furtherance of the said direction, statement of complainant Smt. Naresh and that of the accused Amarjeet s/o Dharmpal have been recorded. Both have duly been identified. It was duly ensured that both these statements are made voluntarily without any pressure or coercion and the matter has fully been compromised between the parties.”
Learned State counsel, however, submits that matter pertains to the year 2004 whereafter investigative machinery was set into motion and trial ensued. According to him, trial is at the stage of defence evidence. Thus, costs of the proceedings need to be imposed.
Learned counsel for the petitioners undertakes to deposit Rs.10,000/-, as costs of the proceedings, with the Haryana State Legal Services Authority within two months on receipt of certified copy of this order.
In view of the law laid down in Kulwinder Singh’s case (supra), the impugned FIR and subsequent proceedings pursuant thereto are hereby quashed subject to petitioners’ complying with the undertaking aforesaid.
August 19, 2011 ( RAJAN GUPTA ) pc JUDGE
2
3 issues framed by the court
Whether FIR and proceedings registered under sections 498A and 406 IPC can be quashed in light of a compromise between parties.
Whether quashing of FIR is permissible when defense evidence is pending despite a recorded compromise.
Whether costs of proceedings should be imposed before or after quashing in compromise cases.
Colour shows how this judgement treated each authority
Kulwinder Singh and others vs. State of PunjabFollowed¶16
Kulwinder Singh and others vs. State of Punjab, 2007(3) RCR (Crl.) 1052
Kulwinder Singh's caseFollowed¶25
Kulwinder Singh’s case
2 provisions across 2 enactments
Amarjit Singh and others
State of Haryana and another
Rajan Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
