Allowed

Vikas Sabharwal and Others v. State of Punjab and Others

Punjab & Haryana HC17 Sept 2012CRM-M/12332/2012

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana allowed a petition under Section 482 Cr.P.C. to quash FIR No. 93 registered under Sections 420, 498-A, and 406 IPC. Relying on prior precedent and a compromise between the parties, the Court held that no useful purpose would be served by prolonging the litigation.

What did the court decide?

FIR No. 93 dated 05.06.2010 under Sections 420, 498-A, 406 IPC and all criminal proceedings arising out of it were quashed.

Vikas Sabharwal and Others Vs State of Punjab and… — Quashing and FIR | Punjab & Haryana HC (2012)

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CRM M-12332 of 2012

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM M-12332 of 2012 (O&M) Date of Decision: September 17, 2012

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Vikas Sabharwal 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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Whether Reporters of the local papers may be allowed to see the judgment ?.

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To be referred to the Reporters or not ?.

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Whether the judgment should be reported in the Digest ?

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Present: Mr. Premjit Singh Dhaliwal, Advocate, for the petitioners.

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Ms. Jaspreet Kaur, AAG, Punjab.

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Mr. Rajesh Bhatheja, Advocate, for respondent Nos.2 and 3.

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Paramjeet Singh, J. (Oral)

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Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No. 93 dated 05.06.2010, under Sections 420, 498-A, 406 IPC, registered at Police Station Moga City, District Moga, on the basis of compromise dated 21.01.2012 (Annexure P/2).

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Learned counsel for the petitioners has relied upon a judgment

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CRM M-12332 of 2012 2

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of this Court in the matter of Bhupinder Kaur vs. State of Punjab and another, 2004(2) RCR (Criminal) 443 to contend that there is no reasonable likelihood of the accused being convicted for the offence for the reason that the complainant has compromised the matter with the accused and he is not likely to support the prosecution and from other facts and circumstances available on the record, therefore, it would not be in the interest of justice to decline the prayer for quashing of the FIR on the ground that it would amount to be permitting the parties to compound noncompoundable offence.

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Learned counsel for respondent Nos. 2 & 3, on instructions from Subhash Gulati and Sapna, who are present in Court today, states that respondent Nos. 2 and 3 would have no objection, if the present FIR along with consequential proceedings, arising out of it, are quashed.

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Learned counsel for respondent nos. 2 & 3 has also handed over two separate affidavits dated 15.09.2012 of respondent Nos. 2 and 3 to the above effect, which are taken on record.

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

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Present petition is allowed. FIR No. 93 dated 05.06.2010,

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CRM M-12332 of 2012 3

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under Sections 420, 498-A, 406 IPC, registered at Police Station Moga City, District Moga, is hereby quashed and all the criminal proceedings arising out of the said FIR also stand quashed.

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September 17, 2012 [ Paramjeet Singh ] vkd Judge

Vikas Sabharwal and Others v. State of Punjab and Others

Case brief

What is this about?

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Vikas Sabharwal and Others v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

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