Petitioners sought quashing of an FIR alleging cruelty, dowry harassment, and abetment of suicide upon obtaining a compromise, down payment of compensation, dissolution of marriage, and citing a precedent.
Quashing of FIR No.331 dated 19.12.2007 and all criminal proceedings emanating therefrom.
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.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-22036-2012 (O&M). Date of decision: December 7, 2012.
Harpreet Singh and others
..... Petitioners
Versus
State of Punjab and another
.... Respondents
CORAM: HON'BLE MR. JUSTICE M.M.S. BEDI
PRESENT
Mr.Rajesh Gupta, Advocate, for the petitioners. Mr.A.S.Jattana, Addl. A.G., Punjab.
Mr.Kewal Krishan, Adv. for respondent No.2.
M.M.S. BEDI, J. (ORAL)
Petitioners, on the basis of compromise, seek quashing of the FIR No.331 dated 19.12.2007, under Sections 406, 498-A and 120-B IPC, Police Station, Basti Joghewal, District Ludhiana, registered at the instance of respondent No.2 Harpreet Kaur.
The parties were directed to appear before the trial Court. After recording of statements, a report has been received from the trial Court that the complainant had received her dowry articles and lump sum compensation and that she has got no objection in case the accused are acquitted. Marriage between the complainant and her husband stands dissolved under Section 13-B of the Hindu Marriage Act. As the matrimonial controversy has been resolved amicably, following the judgment in case Kulwinder Singh and others Vs. State of Punjab, 2007(3) RCR (Crl.), Page-1052, the above said FIR and all the criminal proceedings emanating therefrom are hereby quashed on the basis of compromise.
Disposed of.
(M.M.S. BEDI) JUDGE
December 7, 2012. rka
3 issues framed by the court
Whether the FIR under Sections 406, 498-A and 120-B IPC is maintainable in light of the marital compromise and payment of dowry.
Whether the criminal proceedings should be quashed given the dissolution of marriage under Section 13-B of the Hindu Marriage Act.
How the judgment in Kulwinder Singh applies to quash the FIR on the basis of an arrayable compromise.
Colour shows how this judgement treated each authority
Kulwinder Singh and others Vs. State of PunjabApplied¶14
Kulwinder Singh and others Vs. State of Punjab, 2007(3) RCR (Crl.), Page-1052,
2 provisions across 2 enactments
Harpreet Singh and others
State of Punjab
Harpreet Kaur
M.M.S. Bedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
