Allowed

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

Punjab & Haryana HC30 May 2013CRM-M/12196/2013

Case brief

AI extract

What is this about?

The court allowed the petition to quash an FIR registered under sections 467, 468, 471, and 120-B IPC. The dispute originated from matrimonial differences between the petitioner and the respondent's son, which was subsequently settled. Relying on a Full Bench decision, the court quashed the FIR and all consequential proceedings based on the admission of compromise by the complainant.

What did the court decide?

FIR No.175 dated 21.12.2012 and all consequential proceedings against the petitioners are hereby quashed.

Rajwant Kaur and Ors. Vs State of Punjab… — Matrimonial and Divorce | Punjab & Haryana HC (2013)

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CRM M-12196 of 2012

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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Crl. Misc. No. M-12196 of 2013 (O&M) Date of Decision: May 30, 2013.

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Rajwant Kaur and others

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..........PETITIONER(s).

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VERSUS

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State of Punjab and another

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.........RESPONDENT(s).

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CORAM:- HON'BLE MR. JUSTICE RAM CHAND GUPTA

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Present: Mr. S.S. Tiwana, Advocate for the petitioner (s).

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Mr. Deepak Garg, D.A.G., Punjab.

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Respondent No.2 in person with Mr. S.S. Sarwara, Advocate.

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RAM CHAND GUPTA, J.(Oral)

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CRM No.27004 of 2013

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Heard.

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In view of the facts mentioned in the application, the same is

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allowed.

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Crl. Misc. application stands disposed of.

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CRM M-12196 of 2013

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The present petition has been filed under Section 482 of the Code of Criminal Procedure for quashing of FIR No.175 dated 21.12.2012 (Annexure P-1) under Sections 467, 468, 471 and 120-B of Indian Penal Code, registered at Police Station Payal District Khanna,

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CRM M-12196 of 2012

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and all other consequential proceedings arising therefrom on the basis of compromise, Annexure P-2, having been entered between the parties.

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

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It has been stated by learned counsel for the petitioners that present FIR has arisen out of matrimonial dispute between petitioner No.1 and son of respondent No.2, which has since been settled due to intervention of respectable persons and relatives from both the sides.

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Respondent No.2 – complainant also appeared in person with her counsel and filed short reply by way of affidavit admitting the factum of compromise and stated that she is having no objection if the FIR and consequential proceedings are quashed.

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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 v. State of Punjab , 2007(3) RCR (Crl.) 1052 .

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Since the present dispute arose out of matrimonial dispute between petitioner No.1 and son of respondent No.2, which has been settled due to intervention of the respectable persons and relatives from both the sides, the present petition is allowed and the impugned FIR No.175 dated 21.12.2012 (Annexure P-1) under Sections 467, 468, 471 and 120-B of Indian Penal Code, registered at Police Station Payal

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CRM M-12196 of 2012

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District Khanna, alongwith all consequential proceedings qua petitioners Rajwant Kaur, Gurdeep Singh, Charanjit Kaur, Kewal Singh and Amandeep Singh is, hereby, quashed.

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( RAM CHAND GUPTA ) May 30, 2013. JUDGE Sachin M.

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

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

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