Quashed

Shakshi v. Ut of Chandigarh and Ors.

Punjab & Haryana HC23 Oct 2013CRM-M/19594/2013

Case brief

AI extract

What is this about?

Single-judge bench quashed FIR under Sections 509 and 294 IPC registered based on a misunderstanding. Following a valid and genuine compromise recorded by the trial court, the bench exercised inherent powers to quash the FIR and set aside all proceedings including the final report.

What did the court decide?

FIR No.192 dated 12.06.2011 registered at Police Station Sector 31, U.T. Chandigarh under Section 509 IPC, to which offence under Section 294 IPC was added, is quashed. All proceedings including final

Shakshi Vs Ut of Chandigarh and Ors. — Quashing and FIR | Punjab & Haryana HC (2013)

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Rajan Kumar 2013.10.26 11:10 I am the author of this[1] document Chandigarh

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Crl. Misc. No.M-19594 of 2013

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Crl. Misc. No.M-19594 of 2013 Date of Decision: 23.10.2013

Shakshi

... Petitioner

Versus

State of Union Territory, Chandigarh and others

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... Respondents

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CORAM: HON'BLE MR. JUSTICE T.P.S. MANN

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Present:Mr. Madan Sandhu, Advocate, for the petitioner.

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Mr. J.S. Toor, Addl. P.P., U.T., Chandigarh.

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Mr. Ashwani Verma, Advocate, for the accused.

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T.P.S. MANN, J. (Oral)

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Prayer made in the present petition, filed by the petitioner, is for quashing of FIR No.192 dated 12.06.2011, registered at Police Station Sector 31, U.T. Chandigarh under Section 509 IPC, to which offence under Section 294 IPC was added at the time of presentation of final report under Section 173 Cr.P.C.

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The aforementioned FIR was registered at the instance of the petitioner, wherein, she averred that the accused had uttered words in order to insult her modesty. As the words uttered were found to be obscene in nature also, offence under

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[2]

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Crl. Misc. No.M-19594 of 2013

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Section 294 IPC was added when the final report under Section 173 Cr.P.C. was submitted by the police against the accused.

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In the present petition, it has been averred that the registration of the FIR was on account of misunderstanding between the petitioner and the accused and, therefore, she is no more interested in continuing with the prosecution of the case.

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While issuing notice to the Senior Standing counsel for U.T., Chandigarh and the other respondents, a coordinate Bench of this Court directed the parties to get their statements recorded before the trial Court regarding the compromise. The trial Court was required to submit its report regarding the genuineness/validity of the compromise. Pursuant to the same, the report has been received from the Judicial Magistrate 1^st Class, Chandigarh, wherein, it has been mentioned that a valid and genuine compromise has been effected between the complainant and the accused. Along with the report, learned Judicial Magistrate has appended the statements of the parties.

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The offence under Section 509 IPC is compoundable, whereas, the offence under Section 294 IPC is not. However, when the parties have amicably settled the matter between themselves and have also got recorded their respective statements, this Court is of the considered view that inherent powers under Section 482 Cr.P.C. can be exercised by this

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[3]

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Crl. Misc. No.M-19594 of 2013

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Court so as to quash the FIR and set aside all the proceedings launched thereunder.

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Resultantly, the petition is accepted, FIR No.192 dated 12.06.2011, registered at Police Station Sector 31, U.T. Chandigarh under Section 509 IPC, to which offence under Section 294 IPC was added at the time of presentation of final report under Section 173 Cr.P.C., is quashed and all the proceedings taken thereunder including the final report under Section 173 Cr.P.C. and the charge sheet are set aside.

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( T.P.S. MANN ) JUDGE

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23^rd October, 2013 Rajan

Shakshi v. Ut of Chandigarh and Ors.

Case brief

What is this about?

What did the court decide?

Shakshi v. Ut of Chandigarh and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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