Single judge bench quashed FIR under Sections 406 and 498-A IPC relying on a voluntary affidavit from the complainant admitting compromise. The court held that FIRs can be quashed under Section 482 Cr.P.C. even for non-compoundable offences if harmony exists.
FIR No. 132 and all consequential proceedings are quashed qua petitioners.
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.
Criminal Misc. No. M- 1603 of 2010
-1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No. M- 1603 of 2010 Date of decision:- 14.02.2011
Parshant Jain and others
...Petitioners
Versus
State of Punjab and another
...Respondents
CORAM: HON'BLE MS. JUSTICE RITU BAHRI
Present:Mr. K.D.S. Sodhi, Advocate for the petitioners.
Mr. Vishal Munjal, Addl.A.G. Punjab for respondent No.1-State.
Mr. Mohinder Kumar, Advocate for respondent No.2.
RITU BAHRI J.(Oral)
The present petition has been filed under Section 482 Cr.P.C. for quashing the FIR No. 132 dated 29.11.2006 under Sections 406 and 498-A IPC, registered at Police Station Maqsudan, Tehsil and District Jalandhar (Annexure P- 1) on the basis of compromise.
Respondent No.2-Mansi Jain @ Neetu Jain appeared through counsel and filed his short reply by way of affidavit admitting the factum of compromise and stating that due to intervention of respectable and relatives, the matter has been compromised with the petitioners and now she is having no objection if the FIR in question with consequential proceedings arising therefrom, is quashed qua petitioners. The compromise is voluntarily and without any pressure. As per compromise, both the parties have settled the dispute amicably as per the conditions recorded in the compromise/statement dated 06.6.2009
Criminal Misc. No. M- 1603 of 2010
-2-
(Annexure P-3). Counsel for the respondent does not dispute the genuineness of the compromise/statement (Annexure P-3) annexed with the petition.
In appropriate cases FIR can be quashed on the basis of 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
Kulwinder Singh vs. State of Punjab, 2007(3) RCR (Crl.) 1052 .
Hence, in view of affidavit of respondent No.2-Mansi Jain @ Neetu Jain dated 14.2.2011 and in the interest of harmonious relations between the parties, the present petition is accepted and FIR No. 132 dated 29.11.2006 under Sections 406 and 498-A IPC, registered at Police Station Maqsudan, Tehsil and District Jalandhar, is quashed alongwith all consequential proceedings arising therefrom, qua petitioners.
The petition is disposed of accordingly.
February 14, 2011 ( RITU BAHRI ) Vijay Asija JUDGE
1 issue framed by the court
Whether an FIR under Sections 406 and 498-A IPC can be quashed on the basis of a compromise under Section 482 Cr.P.C.
Colour shows how this judgement treated each authority
Kulwinder Singh vs. State of PunjabFollowed¶20
Kulwinder Singh vs. State of Punjab, 2007(3) RCR (Crl.) 1052
2 provisions across 2 enactments
Parshant Jain
State of Punjab
Mansi Jain
RITU BAHRI
Vijay Asija
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
