Allowed

Naresh Kumar and Ors. v. State of Haryana and Anr.

Punjab & Haryana HC11 Sept 2012CRM-M/20186/2012

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 an FIR and subsequent proceedings. Citing a total compromise in a matrimonial dispute, the court held that no useful purpose would be served by prolonging litigation, referencing higher court precedents on quashing non-compoundable offences.

What did the court decide?

Quashing of FIR No.40 dated 10.1.2012 and all subsequent criminal proceedings arising therefrom.

Naresh Kumar and Ors. Vs State of Haryana… — Matrimonial and Divorce | Punjab & Haryana HC (2012)

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Crl. Misc. No. M-20186 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-20186 of 2012 (O&M) Date of decision: 11.09.2012

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Naresh Kumar and others

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....Petitioners

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Versus

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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. Sandeep Goyat, Advocate, for the petitioners. Mr. Sidharth Sarup, DAG, Haryana. Mr. Hari Om Attri, 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.40 dated 10.1.2012, registered under Sections 420/120B/506 IPC and lateron added Sections 379/380/384/385/328 IPC read with Sections 25/54/59 of the Arms Act, at Police Station City Hisar, District Hisar, along with all other subsequent proceedings arising out thereto, on the basis of compromise dated 25.4.2012 (Annexure P-8).

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Learned counsel for the petitioners states that this is a matrimonial dispute and parties have compromised the dispute.

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The certified copies of the statements are taken on record. Learned counsel for the petitioners has relied upon a judgment of this Court in the matter of Bhupinder Kaur vs. State of Punjab and

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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

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Crl. Misc. No. M-20186 of 2012 (O&M)

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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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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.40 dated 10.1.2012, registered under Sections 420/120B/506 IPC and lateron added Sections 379/380/384/385/328 IPC read with Sections 25/54/59 of the Arms Act, at Police Station City Hisar, District Hisar, 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.

Naresh Kumar and Ors. v. State of Haryana and Anr.

Case brief

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Naresh Kumar and Ors. v. State of Haryana and Anr.

Case brief

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