Allowed

Naveen Bhardwaj & Ors. v. State of Punjab & Anr.

Punjab & Haryana HC24 Sept 2012CRM-M/13017/2012

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana quashed FIR No.66 registered under Sections 406/498-A IPC along with consequential proceedings. The court allowed the petition under Section 482 Cr.P.C. relying on a compromise, noting the complainant had no objection and the litigation would serve no useful purpose.

What did the court decide?

Quashing of FIR No.66 and all criminal proceedings arising out of it.

Naveen Bhardwaj & Ors. Vs State of Punjab & Anr. — Dowry and Cruelty | Punjab & Haryana HC (2012)

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Crl. Misc. No. M-13017 of 2012 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Crl. Misc. No. M-13017 of 2012 (O&M) Date of decision: 24.09.2012

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Naveen Bhardwaj and others

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....Petitioners

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Versus

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State of Punjab and another

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....Respondents

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CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH

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Present: - Mr. Sandeep Arora, Advocate, for the petitioners. Mr. J.S. Bhullar, AAG, Punjab. Mr. Ish Puneet Singh, Advocate, for Ms. Jatinder Jit Kaur, Advocate, for respondent No.2.

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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.66 dated 28.12.2011, registered under Sections 406/498-A IPC at Police Station Women Cell, Jalandhar, along with all consequential proceedings arising out of it, on the basis of compromise dated 2.4.2012 (Annexure P-2).

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Learned counsel for the petitioners has relied upon a judgment 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

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-2-

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Crl. Misc. No. M-13017 of 2012 (O&M)

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compound non-compoundable offence. Learned counsel for the petitioners states that petitioner No.1 will not claim the custody of the child and earlier case he has already withdrawn.

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Learned counsel for the complainant, on instructions from the complainants, who is present in Court today, states that complainant 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 No.2-complainant has also handed over an affidavit dated 24.9.2012 to the above effect, which is 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.66 dated 28.12.2011, registered under Sections 406/498-A IPC at Police Station Women Cell, Jalandhar, is hereby quashed and all the criminal proceedings arising out of the said FIR also stand quashed.

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(Paramjeet Singh) Judge

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September 24, 2012 R.S.

Naveen Bhardwaj & Ors. v. State of Punjab & Anr.

Case brief

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Naveen Bhardwaj & Ors. v. State of Punjab & Anr.

Case brief

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