Allowed

Gurdarshan Singh and Others v. State of Punjab and Others

Punjab & Haryana HC11 Oct 2013CRM-M/18997/2013

Case brief

AI extract

What is this about?

The High Court allowed a petition under Section 482 Cr.P.C. to quash an FIR under Sections 363/366A/120B IPC registered pursuant to a compromise agreement between the parties in an alleged matrimonial dispute where the parties are living together.

What did the court decide?

FIR no.138 dated 10.11.2012 and all consequential proceedings qua Gurdarshan Singh, Balwinderpal Kaur and Mahanbir Singh were quashed.

Gurdarshan Singh and Others Vs State of… — Matrimonial and Divorce | Punjab & Haryana HC (2013)

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CRM No.M-18997 of 2013

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Crl. Misc. No. M- 18997 of 2013(O&M) Date of Decision: October 11, 2013.

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Gurdarshan Singh and others

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...... PETITIONER(s)

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Versus

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State of Punjab and others

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...... RESPONDENT (s)

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

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Present: Mr. G.S.Benipal, Advocate, for the petitioners.

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Mr. Ashish Sanghi, DAG, Punjab.

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Mr. Sham Lal Bhalla, Advocate, for respondent no.4.

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Mr. H.S.Dhindsa, Advocate, for respondent no.5.

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RAM CHAND GUPTA, J.(Oral)

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CRM No.42947 of 2013

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Requests for placing on record short reply on behalf of

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respondent no.5. The same is taken on record subject to all just exceptions.

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CRM stands disposed of.

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CRM No.43826 of 2013

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Requests for placing on record short reply on behalf of

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Singh Omkar 2013.10.22 16:39 I attest to the accuracy and integrity of this document High Court, Chandigarh

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CRM No.M-18997 of 2013

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respondent no.4. The same is taken on record subject to all just exceptions.

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CRM stands disposed of.

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CRM No.M-18997 of 2013(O&M)

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The present petition has been filed under Section 482 of the Code of Criminal Procedure for quashing of FIR no.138 dated 10.11.2012, under Sections 363/366A/120B IPC, registered at police station Bassi Pathana, District Fatehgarh Sahib, Annexure P1, and all other consequential proceedings arising therefrom on the basis of compromise, Annexure P2, 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 marriage between petitioner no.3 -Mahanbir Singh and respondent no.5Richa has already been performed and they are living together.

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Both the parties have also come present and stated that they are living together as husband and wife.

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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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In view of the fact that marriage between petitioner no.3 and respondent no.5 has been performed and they are living together, the present petition is allowed and the impugned FIR no. 138 dated 10.11.2012, under Sections 363/366A/120B IPC, registered at police station Bassi Pathana,

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Singh Omkar 2013.10.22 16:39 I attest to the accuracy and integrity of this document High Court, Chandigarh

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CRM No.M-18997 of 2013

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District Fatehgarh Sahib, Annexure P1 alongwith all consequential proceedings qua petitioners –Gurdarshan Singh, Balwinderpal Kaur and Mahanbir Singh is, hereby, quashed.

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( RAM CHAND GUPTA ) October 11, 2013. JUDGE ‘om’

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Singh Omkar 2013.10.22 16:39 I attest to the accuracy and integrity of this document High Court, Chandigarh

Gurdarshan Singh and Others v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

Gurdarshan Singh and Others v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

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