The High Court of Punjab & Haryana granted a petition under Section 482 Cr.P.C. to quash an FIR registered for matrimonial offences, as the dispute was amicably settled and one accused had expired, relying on established precedent.
FIR No. 154 dated 19.8.2009 and further proceedings pursuant to it are 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.
Crl.M.No. M- 21835 of 2012 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Crl.M.No. M- 21835 of 2012 (O&M) Date of decision : 17.9.2012
Samandeep and another
................Petitioners
vs.
State of Union Territory, Chandigarh and another
.................Respondents
Coram: Hon'ble Mr. Justice K.C. Puri
Present: Sh. B.S. Bali, Advocate for the petitioners.
Sh. Sukant Gupta, Additional PP, U.T., Chandigarh for respondent No1.
K.C. Puri, J.
This is a petition under Section 482 Cr.P.C. for quashing FIR No. 154 dated 19.8.2009, under Sections 406/498 A IPC, registered at Police Station Industrial Area, Chandigarh, on the basis of compromise.
The report of the trial Court was called for. The report has been received in which it is mentioned that parties have arrived at a compromise.
There was a matrimonial dispute, which has been amicably
Crl.M.No. M- 21835 of 2012 -2-
settled.
Accused – Devki Nandan has expired and that fact has been verified by SI Ajit Singh, Investigating Officer.
So, in view of compromise and in view of authority reported as Kulwinder Singh and others vs. State of Punjab and others 2007 (3) RCR (Criminal) 1052, the abovesaid FIR stands quashed. Further proceedings, in pursuant to that FIR also stand quashed.
( K.C. Puri ) 17.9.2012 Judge chugh
1 issue framed by the court
Whether to quash the FIR based on compromise in a matrimonial dispute.
Colour shows how this judgement treated each authority
Kulwinder Singh and others vs. State of Punjab and othersRelied on¶19
2007 (3) RCR (Criminal) 1052
1 provisions across 1 enactments
Samandeep
State of Union Territory, Chandigarh
K.C. Puri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
