Allowed

Darshan Kaur and Ors. v. State of Punjab and Anr.

Punjab & Haryana HC17 Jan 2012CRM-M/36887/2011

Case brief

AI extract

What is this about?

This judgment quashed an FIR registered under sections of the IPC regarding a matrimonial dispute. The court allowed the petition based on a valid compromise and payment assurance between the parties, exercising powers under Section 482 Cr.P.C.

What did the court decide?

FIR No. 197 dated 4.12.2010 and all consequential proceedings qua petitioners Darshan Kaur, Navdeep Kaur, and Shiv Kumar were quashed.

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

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Crl.M.No.M-36887 of 2011(O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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Crl.M.No.M-36887 of 2011(O&M) Date of Decision: January 17, 2012

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Darshan Kaur and others

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.....Petitioners

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State of Punjab and another

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.....Respondents

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CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA

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Present: Ms.Paramjit Kaur Deol, Advocate for the petitioners.

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Mr.Sumeet Abrol, AAG, Punjab.

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Mr.Krishan Sehajpal, Advocate for the complainant.

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.....

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RAM CHAND GUPTA, J.(Oral)

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Crl.M.No.67000 of 2011

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Application is allowed subject to all just exceptions.

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Crl.M.No.M-36887 of 2011

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This is a petition filed under Section 482 Cr.P.C. for quashing of FIR No.197, dated 4.12.2010, under Sections 406, 494, 498-A, 323, and 34 IPC, registered at Police Station City, Phagwara, Annexure P1, and its subsequent proceedings pending before the Court at Phagwara on the basis of compromise, dated 29.11.2011, Annexure P2.

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I have heard learned counsel for the parties and have gone through the whole record carefully.

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Petitioner no.2 has come present alongwith counsel and stated that dispute has since been compromised vide compromise, Anenxure P2, and that she is having no objection if the present petition is accepted and the

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-2-

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Crl.M.No.M-36887 of 2011(O&M)

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FIR qua the present petitioners is quashed. It has also been stated that she has received the remaining amount, as per compromise, Annexure P2, vide cheques and it has been assured by learned counsel for the petitioner that the cheques would be honoured.

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In appropriate cases FIR can be quashed on the basis of compromise by exercising power under Section 482 Cr.P.C., even if the offences are not compoundable. It was so held by Full Bench of this Court in the case of Kulwinder Singh vs. State of Punjab , 2007 (3) RCR (Crl.) 1052.

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Dispute between the parties is matrimonial in nature. Same has been amicably settled due to intervention of respectable persons and relatives of both the sides.

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Hence, keeping in view these facts, the present petition is accepted and FIR No.197, dated 4.12.2010, under Sections 406, 494, 498-A, 323, and 34 IPC, registered at Police Station City, Phagwara, alongwith all consequential proceedings arising therefrom, qua petitioners- Darshan Kaur, Navdeep Kaur and Shiv Kumar is quashed.

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(Ram Chand Gupta) Judge

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17.1.2012 meenu

Darshan Kaur and Ors. v. State of Punjab and Anr.

Case brief

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Darshan Kaur and Ors. v. State of Punjab and Anr.

Case brief

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