Allowed

Robin Dua v. State of Punjab & Anr.

Punjab & Haryana HC22 Apr 2013CRM-M/1042/2012

Case brief

AI extract

What is this about?

The Court allowed a petition under Section 482 Cr.P.C. to quash an FIR registered under Sections 406 and 498-A IPC. The quashing was based on a verified compromise between parties, recorded as voluntary and without coercion, following the broad guidelines laid down in State of Punjab v. Kulwinder Singh.

What did the court decide?

F.I.R. No.35 registered under Sections 406 and 498-A IPC and all consequential proceedings were quashed.

Robin Dua Vs State of Punjab & Anr. — Domestic Violence | Punjab & Haryana HC (2013)

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CRM-M No.1042 of 2012 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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C.R.M-M No.1042 of 2012 (O&M) Date of decision : 22.04.2013

Robin Dua

...... Petitioner

Versus

State of Punjab and another

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...... Respondents

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CORAM : HON'BLE MR. JUSTICE AJAY TEWARI

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*******

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Present : Mr. Ravi K. Mattoo, Advocate for the petitioner.

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Mr. K.S. Pannu, Deputy Advocate General, Punjab.

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None for respondent No.2.

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*******

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Whether Reporters of local papers may be allowed to see the judgment?

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To be referred to the Reporters or not?

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Whether the judgment should be reported in the Digest?

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AJAY TEWARI, J. (Oral)

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The present petition has been filed under Section 482 Cr.P.C. for quashing of F.I.R. No.35 dated 13.09.2011 registered under Sections 406 and 498-A IPC at Police Station Women Cell, Patiala and all other consequential proceedings arising therefrom on the basis of compromise.

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On 05.03.2012 the following order was passed:-

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“Since it is a petition for quashing of FIR on the basis of compromise, let the statements of the

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CRM-M No.1042 of 2012 (O&M)

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parties be recorded before the trial Court. Parties are directed to be present before the trial Court on 22.03.2012 or any other date convenient to the Court for recording their statements with regard to compromise. The trial Court is directed to record the statements of both the parties to its satisfaction to know its genuineness that the statements are not the result of any pressure or coercion in any manner. The trial Court is directed to send a report along with statements of the parties with regard to validity or otherwise of the compromise effected between the parties and also intimate whether any case is pending against either of the parties or not before the next date of hearing. The trial Court is also directed to intimate with regard to pendency of any P.O. proceedings against the parties.

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Adjourned to 11.05.2012.”

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Thereafter, the report of the Judicial Magistrate Ist Class, Patiala dated 28.03.2012 has been received whereby the JMIC has mentioned that the parties appeared before him and attested to the fact that a compromise has indeed taken place between them and that the compromise has been executed voluntarily and without any pressure.

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Learned Deputy Advocate General has accepted the fact that all the disputes have been resolved and that there is no other case pending against the parties.

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Broad guidelines have been laid down by the Full Bench of this Court in the case of Kulwinder Singh and others vs. State of Punjab and another reported in 2007(3) R.C.R. (Crl.) 1052 for quashing the

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CRM-M No.1042 of 2012 (O&M)

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prosecution when parties entered into compromise.

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Consequently, the petition is allowed and the F.I.R. No.35 dated 13.09.2011 along with all other consequent proceedings arising therefrom are quashed qua petitioner.

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Since the main cases have been decided, the pending criminal miscellaneous application, if any, also stands disposed of.

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( AJAY TEWARI ) April 22, 2013 JUDGE ashish

Robin Dua v. State of Punjab & Anr.

Case brief

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Robin Dua v. State of Punjab & Anr.

Case brief

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What did the court decide?

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