Allowed

Siri Ram Goel and Ors. v. State of Punjab and Ors.

Punjab & Haryana HC23 Aug 2012CRM-M/10833/2012

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana allowed a petition under Section 482 CrPC to quash FIR No. 108 involving Sections 498-A and 406 IPC. The court was satisfied based on a report by the trial court that a valid compromise had been effected without any pressure, rendering no useful purpose to continue the litigation.

What did the court decide?

Quashed FIR No. 108 dated 13.09.2006 and subsequent proceedings arising therefrom on the basis of the compromise.

Siri Ram Goel and Ors. Vs State of Punjab and Ors. — Quashing and FIR | Punjab & Haryana HC (2012)

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CRM M-10833 of 2012

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM M-10833 of 2012 (O&M) Date of Decision: August 23, 2012

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Siri Ram Goel and others

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... Petitioners

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Versus

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State of Punjab and others

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.. Respondents

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CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH

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Present: Mr. Bhanu Pratap Singh, Advocate, for the petitioners.

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Ms. Jaspreet Kaur, AAG, Punjab.

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Mr. Gagan Oberoi, Advocate, for respondent Nos. 2 and 3.

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Paramjeet Singh, J. (Oral)

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This petition has been moved by the petitioners under Section 482 of the Code of Criminal Procedure, seeking quashing FIR No. 108 dated 13.09.2006, under Sections 498-A, 406, 323, 149 IPC, registered at Police Station Nathana, District Bathinda, and subsequent proceedings arising out of it, on the basis of compromise dated 02.04.2012 (Annexure P/2).

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On 19.04.2012, this Court passed the following order:-

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“ This is a petition for quashing of FIR No. 108 dated 13.09.2006, under Sections 498-A, 406, 323, 149, Indian Penal Code, registered at Police Station, Nathana District Bathinda, and all consequential proceedings arising therefrom on the basis of compromise.

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Notice of motion for 29.05.2012.

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The affected parties are directed to appear before the learned trial court, on 01.05.2012, which shall record their respective statements with regard to the

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CRM M-10833 of 2012

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compromise and submit its detailed report in that regard on or before the date fixed by this Court.”

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In pursuance of order dated 19.04.2012, the learned Judicial Magistrate Ist Class, Bathinda, has submitted his report dated 12.05.2012, which indicates that parties appeared before him and their respective statements with regard to validity of compromise have been recorded. As per the statements, the complainant has compromised the matter with the petitioners. It is further mentioned in the report that the statements have been made by the parties without any fear or pressure. Now, no dispute is pending between the parties.

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Consequently, in view of compromise (Annexure P/2) and keeping in view the law laid down by the Hon'ble Supreme Court of India in the case of Madan Mohan Abbot vs. State of Punjab, 2008(2) RCR (Criminal) 429 and by the Full Bench of this Court in the case of Kulwinder Singh and others vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052 , no useful purpose would be served in prolonging the litigation.

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The present petition is allowed. FIR No. 108 dated 13.09.2006, under Sections 498-A, 406, 323, 149 IPC, registered at Police Station Nathana, District Bathinda and subsequent proceedings arising therefrom on the basis of compromise (Annexure P/2) are quashed.

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August 23, 2012 vkd

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(Paramjeet Singh) Judge

Siri Ram Goel and Ors. v. State of Punjab and Ors.

Case brief

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Siri Ram Goel and Ors. v. State of Punjab and Ors.

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