Allowed

Karam Chand and Anr. v. State of Punjab and Ors.

Punjab & Haryana HC11 Jul 2012CRM-M/15130/2012

Case brief

AI extract

What is this about?

The Court allowed a petition under Section 482 Cr.P.C. to quash an FIR registered under Sections 406 and 498-A IPC. Relying on a Full Bench decision and a valid compromise reached between parties, the Court held that no useful purpose was served by continuing proceedings, provided the settlement terms were honored by the petitioners.

What did the court decide?

FIR No.175 dated 24.11.2009 registered under Sections 406/498-A IPC and all consequential proceedings are quashed.

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

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CRM No.M-15130 of 2012 1

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM No.M-15130 of 2012 Date of decision: 11.7.2012

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Karam Chand and another

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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 JITENDRA CHAUHAN

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Parties present in person.

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Jitendra Chauhan, J. (Oral)

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The present petition under Section 482 of the Code of Criminal Procedure has been filed for quashing the FIR No.175 dated 24.11.2009 (Annexure P-1), registered under Sections 406/498-A of the Indian Penal Code, at Police Station Sirhind, District Fatehgarh Sahib and subsequent proceedings arising therefrom, on the basis of the compromise Annexure P-2, reached between the parties.

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Heard.

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In pursuance of the order dated 21.5.2012 passed by this Court, the learned Additional Chief Judicial Magistrate, Fatehgarh Sahib has sent his report alongwith the statements of parties, wherein it has been mentioned that the compromised (Annexure P-2) arrived at between the parties is valid one.

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The parties are present in person. The complainant Vijay Rani-

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CRM No.M-15130 of 2012 2

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respondent No.2 has stated that she has no objection if the FIR in question is quashed as the matter has been compromised and she has received a sum of Rs.2.5 lac out of the settled amount of Rs.5 lacs.

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Petitioner No.1 Karam Chand has stated that the remaining amount will be paid to the complainant on the next date before the trial Court i.e. 9.11.2012, as per the compromise.

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In view of the above, this Court is of the opinion that no useful purpose would be served in continuing the proceedings. In view of the law laid down by the Full Bench of this Court in re: Kulwinder Singh and others versus State of Punjab and another 2007(3) Recent Criminal Reports (Crl.) 1052, the Court is competent to quash the proceedings on the basis of compromise. Accordingly, this petition is allowed and FIR No.175 dated 24.11.2009 (Annexure P-1), registered under Sections 406/498-A of the Indian Penal Code, at Police Station Sirhind, District Fatehgarh Sahib and all consequential proceedings arising therefrom are hereby quashed qua the petitioners.

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However, it is made clear that if the petitioners do not honoured the order of this Court and not comply with terms and conditions of the compromise, the respondent-complainant is at liberty to revive the present petition.

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(JITENDRA CHAUHAN) JUDGE

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11.7.2012 gsv

Karam Chand and Anr. v. State of Punjab and Ors.

Case brief

What is this about?

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Karam Chand and Anr. v. State of Punjab and Ors.

Case brief

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