The High Court quashed an FIR and further proceedings under Section 482 Cr.P.C. based on a maternal compromise, relying on the principle that such cases should not proceed after settlement.
The FIR No. 69 dated 19.3.2013 and further proceedings pursuant thereto were quashed.
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Crl. M. No. M-11435 of 2013 (O&M) Date of decision : 30.5.2013
Vijay Chawla and others
................Petitioners
vs.
State of Punjab and another
.................Respondents
Coram: Hon'ble Mr. Justice K.C. Puri
Present: Sh. V.K. Kaushal, Advocate for the petitioners.
Sh. Rajesh Mehta, Additional Advocate General, Punjab.
Sh. Swapanh Shaorey, Advocate for respondent No.2complainant.
K.C. Puri, J.
Crl.M.No.28111 of 2013 stands allowed. Necessary
correction be made in the petition.
Main case.
This is a petition under Section 482 Cr.P.C. for quashing FIR No. 69 dated 19.3.2013, under Sections 376, 498-A, 406, 420, 506, 120-B IPC, registered at Police Station A Division, District Amritsar, 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 compromise.
Crl. M. No. M-11435 of 2013
-2-
This is a matrimonial dispute, which has culminated into the present FIR including offence under Section 376 IPC, which has been amicably settled. Counsel for the complainant/prosecutrix has also stated at the Bar that the matter has been compromised between the parties and petition under Section 13 -B of the Hindu Marriage Act has been filed.
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.
30.5.2013 chugh
1 issue framed by the court
Whether FIR registered under matrimonial and other offences should be quashed in view of compromise between parties.
Colour shows how this judgement treated each authority
Kulwinder Singh and others vs. State of Punjab and othersFollowed¶21
Kulwinder Singh and others vs. State of Punjab and others 2007 (3) RCR (Criminal) 1052
2 provisions across 2 enactments
Vijay Chawla and others
State of Punjab and another
K.C. Puri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
