Allowed

Bhagwan Dass Yadav & Ors. v. State of Haryana & Anr.

Punjab & Haryana HC11 Sept 2012CRM-M/20125/2012

Case brief

AI extract

What is this about?

High Court of Punjab and Haryana quashed FIR No.126 and all consequential criminal proceedings under Sections 498A/406/506 IPC following a compromise between the parties. The court relied on settled law permitting quashing when the complainant has no objection and no likelihood of conviction exists.

What did the court decide?

FIR No.126 dated 5.6.2011 and all criminal proceedings arising out of it are quashed.

Bhagwan Dass Yadav & Ors. Vs State of… — Matrimonial and Divorce | Punjab & Haryana HC (2012)

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Crl. Misc. No. M-20125 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-20125 of 2012 (O&M) Date of decision: 11.09.2012

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Bhagwan Dass Yadav and others

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....Petitioners

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Versus

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The State of Haryana and another

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....Respondents

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CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH

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Present: - Mr. Bikram Chaudhary, Advocate, for the petitioners. Mr. Sidharth Sarup, DAG, Haryana. Mr. Johan Kumar, 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.126 dated 5.6.2011, registered under Sections 498A/406/506 IPC at Police Station Sector 31, Faridabad, on the basis of compromise.

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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 compound non-compoundable offence.

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Crl. Misc. No. M-20125 of 2012 (O&M)

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Learned counsel for the complainant, on instructions from the complainant, 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 affidavit dated 11.9.2012 to the above effect, which is taken on record.

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Consequently, in view of compromise/affidavit 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.126 dated 5.6.2011, registered under Sections 498-A/406/506 IPC at Police Station Sector 31, Faridabad, 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 11, 2012 R.S.

Bhagwan Dass Yadav & Ors. v. State of Haryana & Anr.

Case brief

What is this about?

What did the court decide?

Bhagwan Dass Yadav & Ors. v. State of Haryana & Anr.

Case brief

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What the court decided

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