Allowed

Sher Singh v. State of Haryana & Anr.

Punjab & Haryana HC22 Nov 2011CRM-M/21283/2011

Case brief

AI extract

What is this about?

Petitioner sought quashing of FIR under sections 498-A and 406 IPC based on matrimonial compromise and filed mutual consent divorce petition. Court allowed petition and quashed FIR to promote peace between parties.

What did the court decide?

FIR No.339 dated 5.5.2011 under Sections 406, 498-A, 506 IPC at Police Station, Sadar, Hisar and consequent proceedings are hereby quashed.

Sher Singh Vs State of Haryana & Anr. — Matrimonial and Divorce | Punjab & Haryana HC (2011)

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IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

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Criminal Miscellaneous No. M-21283 of 2011 (O & M) Date of Decision: November 22, 2011

Sher Singh

.....PETITIONER(S)

VERSUS

State of Haryana & another

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.....RESPONDENT(S)

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. . .

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CORAM: HON'BLE MR. JUSTICE AJAI LAMBA

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PRESENT: - Mr. T.C. Dhanwal, Advocate, for the petitioner. Mr. B.S. Saini, Senior Deputy Advocate General, Haryana.

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Mr. Vikas Kumar, Advocate, for respondent No.2.

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. . .

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AJAI LAMBA, J (Oral)

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This petition filed under Section 482 Cr.P.C. prays for quashing FIR No.339 dated 5.5.2011 (Annexure P-1) under Sections 406, 498-A, 506 IPC, Police Station, Sadar, Hisar and consequent proceedings, on the basis of compromise dated 4.6.2011 (Annexure P-2).

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Learned counsel for the petitioner contends that

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Crl. Misc. No. M-21283 of 2011 [2]

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on account of matrimonial discord, FIR came to be lodged. The disputes have been settled by way of compromise, placed on record as Annexure P-2. The parties have decided to part ways. Petition under Section 13-B of the Hindu Marriage Act, 1955 for divorce by way of mutual consent has already been filed.

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Respondent No.2, Rekha, as identified by her counsel Mr. Vikas Kumar, Advocate, is present in Court and states that indeed disputes have been settled and let FIR be quashed. Parties want to live in peace and harmony.

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I have considered the issue.

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Complainant-respondent No.2, Rekha has made a

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statement in Court to the effect that she does not want to prosecute the petitioner. Petition for divorce by mutual consent has already been filed. Without complexities of litigation, the parties want to live in peace and harmony.

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Considering the facts and circumstances given above and in the interest of peace and harmony, the petition is allowed.

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FIR No.339 dated 5.5.2011 (Annexure P-1) under Sections 406, 498-A, 506 IPC, Police Station, Sadar, Hisar and consequent proceedings, are hereby quashed.

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(AJAI LAMBA)

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November 22, 2011 JUDGE avin

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Crl. Misc. No. M-21283 of 2011 [3]

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To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?

Sher Singh v. State of Haryana & Anr.

Case brief

What is this about?

What did the court decide?

Sher Singh v. State of Haryana & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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