The High Court allowed a petition under Section 482 CrPC to quash an FIR registered under sections 498-A, 406, and 120-B IPC. The court accepted a compromise manifested through a bank draft surrender by the petitioner.
FIR No.245 dated 09.08.2007 under Sections 498-A, 406, and 120-B IPC and all consequential proceedings were quashed.
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.
CRM No.M-12757 of 2012
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No.M-12757 of 2012 (O&M)
Date of decision : 14.08.2012
Sandeep Singh and others
...Petitioners
Versus
State of Punjab and another
...Respondents
CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN
Present: Mr. J.S. Brar, Advocate for the petitioners.
Mr. Mehardeep Singh, DAG, Punjab.
JITENDRA CHAUHAN, J. (Oral)
This petition under Section 482 of the Code of Criminal Procedure has been filed for quashing of FIR No.245 dated 09.08.2007, under Sections 498-A, 406, 120-B of the Indian Penal Code (for short, 'the IPC') registered at Police Station Bagha Purana, District Moga, and all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties.
The parties, duly identified by their respective counsel, are present in person.
A bank draft amounting to `3,00,000/- dated 13.08.2012, in favour of respondent No.2, Amandeep Kaur, is handed over to
CRM No.M-12757 of 2012
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respondent No.2 in the Court. A copy thereof is taken on record as Mark 'A'. The petitioner undertakes to pay the remaining amount of `3,00,000/- before the trial Court at the time of filing the petition under Section 13-B of the Hindu Marriage Act. The respondent No.2 undertakes to withdraw all the petitions filed by her in various Courts and further to file the petition under Section 13-B of the Hindu Marriage Act jointly with the petitioner.
Taking into consideration the facts and circumstances of the present case and in view of 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 (Crl.) 1052, this petition is allowed and FIR No.245 dated 09.08.2007, under Sections 498-A, 406, 120-B IPC, registered at Police Station Bagha Purana, District Moga, and all consequential proceedings arising therefrom, are hereby quashed.
However, in case of any breach of undertaking by either of the parties, the aggrieved party shall be at liberty to revive the present petition.
14.08.2012 atulsethi
(JITENDRA CHAUHAN) JUDGE
2 issues framed by the court
Whether the High Court can quash FIR u/s 498-A, 406, and 120-B IPC on grounds of compromise?
Whether a bank draft surrender and undertaking to file divorce petition are sufficient conditions for quashing?
Colour shows how this judgement treated each authority
Kulwinder Singh and others Vs. State of Punjab and anotherExplained¶21
Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Crl.) 1052
2 provisions across 2 enactments
Sandeep Singh and others
State of Punjab
Amandeep Kaur
Jitendra Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
