Allowed

Charan Kaur and Anr. v. State of Punjab and Anr.

Punjab & Haryana HC30 May 2013CRM-M/13208/2013

Case brief

AI extract

What is this about?

The High Court allowed a petition filed under Section 482 CrPC to quash an FIR registered under Sections 406 and 498-A IPC. The court held that the matrimonial dispute was settled via compromise, enabling the quashing of the FIR and all consequential proceedings.

What did the court decide?

FIR No. 98 dated 15.10.2009 under Sections 406 and 498-A IPC registered at Police Station Lohian and all consequential proceedings were quashed.

Charan Kaur and Anr. Vs State… — Constitutional and Fundamental Rights | Punjab & Haryana HC (2013)

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CRM M-13208 of 2013

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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Crl. Misc. No. M-13208 of 2013 (O&M) Date of Decision: May 30, 2013.

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Charan Kaur and another

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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. V.K. Sandhir, Advocate for the petitioner (s).

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

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Mr. Pardeep Rajput, Advocate for respondent No.2.

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RAM CHAND GUPTA, J.(Oral)

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The present petition has been filed under Section 482 of the Code of Criminal Procedure for quashing of FIR No.98 dated 15.10.2009 (Annexure P-1) under Sections 406 and 498-A of Indian Penal Code, registered at Police Station Lohian, 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 dispute between the parties was matrimonial in nature which has since

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CRM M-13208 of 2013

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been settled due to intervention of respectable persons and relatives from both the sides.

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Reply by way of affidavit of respondent No.2 has been filed admitting the factum of compromise and stating therein 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 dispute was matrimonial in nature 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.98 dated 15.10.2009 (Annexure P-1) under Sections 406 and 498-A of Indian Penal Code, registered at Police Station Lohian, alongwith all consequential proceedings qua petitioners Charan Kaur and Jaswinder Singh alias Tony is, hereby, quashed.

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

Charan Kaur and Anr. v. State of Punjab and Anr.

Case brief

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Charan Kaur and Anr. v. State of Punjab and Anr.

Case brief

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