Allowed

Diwan Chand & Anr. v. State of Punjab & Anr.

Punjab & Haryana HC7 Oct 2013CRM-M/23887/2013

Case brief

AI extract

What is this about?

The High Court quashed an FIR and consequential proceedings under sections 498-A and 506 IPC, relying on a compromise and a subsequent decree of divorce by mutual consent, exercising powers under Section 482 Cr.P.C.

What did the court decide?

FIR No.128 dated 4.6.2009 under Sections 498-A, 506, 406 read with Section 34 IPC and all consequential proceedings are quashed.

Diwan Chand & Anr. Vs State of Punjab & Anr. — Matrimonial and Divorce | Punjab & Haryana HC (2013)

¶1

CRM M-23887 of 2013

¶2

- 1 -

¶3

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

¶4

Crl. Misc. No. M-23887 of 2013 (O&M) Date of Decision: October 07, 2013.

¶5

Diwan Chand and another

¶6

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

¶7

VERSUS

¶8

State of Punjab and another

¶9

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

¶10

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

¶11

Present: Mr. Ritesh Pandey, Advocate for the petitioner (s).

¶12

Mr. Ashish Sanghi, D.A.G., Punjab.

¶13

Respondent No.2 in person with Mr. P.K. Garg, Advocate.

¶14

¶15

RAM CHAND GUPTA, J.(Oral)

¶16

The present petition has been filed under Section 482 of the Code of Criminal Procedure for quashing of FIR No.128 dated 4.6.2009 (Annexure P-1) under Sections 498-A, 506, 406 read with Section 34 of Indian Penal Code, registered at Police Station Dina Nagar, District Gurdaspur and all other consequential proceedings arising therefrom on the basis of compromise (Annexure P-2), having been entered between the parties.

¶17

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

¶18

It has been stated by learned counsel for the petitioners that dispute between the parties was matrimonial in nature and the same has Mehta Sachin 2013.10.08 11:52 I attest to the accuracy and integrity of this document CHANDIGARH

¶19

CRM M-23887 of 2013

¶20

- 2 -

¶21

since been settled and that petitioner No.2 and respondent No.2 had filed a petition under Section 13-B of Hindu Marriage Act, 1955 for divorce by mutual consent and a decree of divorce has already been granted in favour of petitioner No.2 and respondent No.2.

¶22

Respondent No.2 also appeared in person with her counsel and filed reply by way of affidavit admitting the factum of compromise and stating that she is having no objection if the FIR and consequential proceedings are quashed. She has also stated that she has already obtained divorce by mutual consent pursuance to the compromise.

¶23

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

¶24

(Crl.) 1052 .

¶25

As the dispute was matrimonial in nature which has since been settled, the present petition is allowed and the impugned FIR No. 128 dated 4.6.2009 (Annexure P-1) under Sections 498-A, 506, 406 read with Section 34 of Indian Penal Code, registered at Police Station Dina Nagar, District Gurdaspur alongwith all consequential proceedings qua petitioners Diwan Chand and Gagandeep @ John is, hereby, quashed.

¶26

( RAM CHAND GUPTA ) October 07, 2013. JUDGE Sachin M.

¶27

Mehta Sachin 2013.10.08 11:52 I attest to the accuracy and integrity of this document CHANDIGARH

Diwan Chand & Anr. v. State of Punjab & Anr.

Case brief

What is this about?

What did the court decide?

Diwan Chand & Anr. v. State of Punjab & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Prem Masih Vs State of Haryana

Deepak Bhatia Vs State of Punjab and Anr.

Amir Khan Vs State of Haryana and Ors.

Ravi Kumar Aggarwal and Ors. Vs State of Punjab

Davender Alias Babbu Vs State of Haryana

Baljit Singh Vs State of Punjab