Quashed

Jagwinder Singh & Anr. v. State of Punjab & Anr.

Punjab & Haryana HC30 May 2013CRM-M/13505/2013

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana quashed an FIR and subsequent proceedings under sections 406 and 498-A IPC based on a voluntary compromise between the parties. The court held that the settlement was just, fair, and aimed at securing the ends of justice.

What did the court decide?

FIR No.107 dated 24.07.2012 and all subsequent proceedings arising therefrom were quashed.

Jagwinder Singh & Anr. Vs State of Punjab & Anr. — Dowry and Cruelty | Punjab & Haryana HC (2013)

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Crl. Misc. No.M-13505 of 2013

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Criminal Misc. No. M-13505 of 2013 (O&M) Date of Decision: May 30^th , 2013

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Jagwinder Singh and another .... Petitioners

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Versus

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State of Punjab and another

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... Respondents

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CORAM : HON'BLE MR. JUSTICE VIJENDER SINGH MALIK

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

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2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest?

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Present Mr. M.K.Dogra, Advocate, for the petitioners.

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Ms. Anmol Grewal, A.A.G, Punjab, for the State.

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Mr. Jagtar Singh, Advocate, for respondent No.2.

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VIJENDER SINGH MALIK, J.

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Jagwinder Singh and Parvinder Singh, the petitioners have brought this petition under the provisions of section 482 Cr. P.C., for quashing of FIR No.107 dated 24.07.2012 (Annexure P1) registered at Police Station B-Division, Amritsar City for an offence punishable under sections 406 and 498-A IPC alongwith all the subsequent proceedings arising out of the same on the basis of compromise dated 11.09.2012 [Annexure P2].

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While issuing notice of motion, the parties were directed to appear before learned Illaqa Magistrate on 14.05.2013 for getting their statements recorded in support of the compromise. Learned Judicial

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Crl. Misc. No.M-13505 of 2013

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Magistrate Ist Class, Amritsar has sent her report in this regard. She has reported that she has recorded the statements of the parties in support of the compromise and has found that their statements are voluntary and without any influence or pressure.

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Compromise not only brings peace and harmony between the parties to a dispute but also restores tranquility in the society. In the present case, where the parties have started residing together happily, the compromise (Annexure P2) appears to be just and fair, brought about without there being any pressure on the wife, effect of which is of advancing the cause of justice. In view of the ratio of decision of this court in Dharambir Vs. State of Haryana, 2005 (3) RCR (Criminal) 426 , a case regarding non-compoundable matrimonial offence, as is the present case, can be quashed on the basis of compromise.

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Thus, keeping in view the fact that the parties have settled the dispute and that the settlement between them is just and fair, brought about without any pressure upon any one and that the same would be securing the ends of justice, I accept the petition and quash FIR No.107 dated 24.07.2012 (Annexure P1) registered at Police Station B-Division, Amritsar City for an offence punishable under sections 406 and 498-A IPC alongwith all subsequent proceedings arising therefrom.

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(VIJENDER SINGH MALIK) JUDGE

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May 30^th , 2013 som

Jagwinder Singh & Anr. v. State of Punjab & Anr.

Case brief

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What did the court decide?

Jagwinder Singh & Anr. v. State of Punjab & Anr.

Case brief

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What did the court decide?

What the court decided

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