Allowed

Ninder Deep Singh v. State of Punjab & Ors.

Punjab & Haryana HC29 Nov 2011CRM-M/16881/2010

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana Allowed a petition under Section 482 CrPC to quash an FIR involving alleged abduction and impersonation. The court found the dispute arose from matrimonial differences, which were reconciled and settled voluntarily between the petitioner and the respondent's family.

What did the court decide?

Quashing of FIR No. 5 dated 8.4.2010 registered under Sections 363/366 IPC and all subsequent proceedings.

Ninder Deep Singh Vs State of Punjab & Ors. — Matrimonial and Divorce | Punjab & Haryana HC (2011)

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Crl. Misc. No.M-16881 of 2010(O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Crl. Misc. No.M-16881 of 2010(O&M) Date of decision: November 29, 2011

Ninder Deep Singh

.....Petitioner

VERSUS

State of Punjab & another ....Respondents

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CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH

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PRESENT: Mr. A.S. Sivia, Advocate, for the petitioner.

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Mr. Gaurav Garg Dhuriwala, DAG, Punjab for the State.

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Mr. Sansar Kundu, Advocate, for respondent No.2.

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RANJIT SINGH, J.

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This petition has been filed by the petitioner for quashing of FIR No.5, dated 8.4.2010, registered under Sections 363/366 IPC, at Police Station Bajakhana, Distt. Faridkot, and all the subsequent proceedings on the basis of compromise.

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As per the averment made in the petition, the petitioner met daughter of respondent No.2 and they fell in love. They, accordingly, decided to marry each other. However, the family of respondent No.2 refused to perform this marriage. Daughter of respondent No.2, without consent of her parents married the petitioner on 5.4.2010 at Gurudwara Guru Ka Bagh Akali Bunga

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Crl. Misc. No.M-16881 of 2010(O&M) -2-

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Nihang Singha, Khuda Alisher, U.T., Chandigarh. They had subsequently approached this Court for grant of protection as well. Still respondent No.2 filed a complaint and on the basis thereof, the present FIR was registered on 8.4.2010. The daughter of respondent No.2 presently is happily married and is staying with the petitioner. Family of respondent No.2 has now reconciled with the situation and has accordingly, settled the differences with the petitioner. The petitioner, accordingly, has filed this petition seeking quashing of the FIR on the basis of compromise reached between the parties.

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This Court had directed the parties to appear before the Illaqa Magistrate for making statement about the genuineness or otherwise of the compromise and also to ascertain whether this compromise was on account of free will and not due to any pressure. The parties have, accordingly, appeared before the Judicial Magistrate, Ist Class, Faridkot, who has recorded the statement of the petitioner as well as Amandeep Kaur, who was allegedly abducted. The statement of respondent No.2 has also been recorded. Both the parties have now stood by the compromise. On the basis of this statement, the Judicial Magistrate, Ist Class, Faridkot, has sent his report to the effect that the compromise has been voluntarily entered into between the parties and is free from any coercion or pressure. Copies of the statements have also been forwarded along with the report.

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It is, thus, clear that the parties have now resolved their disputes and they wish to live in peace. Since the daughter of respondent No.2 is married to the petitioner and is now living with

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Crl. Misc. No.M-16881 of 2010(O&M) -3-

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him, case of abduction as alleged is not made out. In view of this factual position and on account of compromise, no useful purpose would be served in allowing these criminal proceedings to continue. As per the law laid down by the Full Bench of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007 (3) RCR (Criminal) 1052 , FIR in such like cases can also be quashed on the basis of compromise to have good, orderly and peaceful co-existence in the society. Basically it is dispute arising out of matrimonial issues.

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The present petition is, accordingly, allowed. FIR No.5, dated 8.4.2010, registered under Sections 363/366 IPC, and all subsequent proceedings arising therefrom are hereby quashed.

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November 29, 2011 ( RANJIT SINGH ) monika JUDGE

Ninder Deep Singh v. State of Punjab & Ors.

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Ninder Deep Singh v. State of Punjab & Ors.

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