Allowed

Gaurav Seth v. State of Punjab and Anr.

Punjab & Haryana HC14 Jan 2013CRM-M/31455/2012

Case brief

AI extract

What is this about?

The High Court quashed an FIR under Sections 406/498-A IPC registered for alleged domestic misbehaviour against the petitioner. The court found the matter amicably settled, supported by the complainant's statement confirming divorce, receipt of compensation, and willingness to forgive.

What did the court decide?

FIR No. 43 dated 15.5.2010 under Sections 406/498-A IPC and consequential proceedings are quashed.

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

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Criminal Misc. No. M-31455 of 2012

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Criminal Misc. No. M-31455 of 2012 Date of decision:-14.01.2013

Gaurav Seth

...Petitioner

Versus

State of Punjab and another

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...Respondents

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CORAM: HON'BLE MR. JUSTICE M.M.S. BEDI

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Present:Mr. G.S. Gopera, Advocate for Mr. Gagandeep Toni, Advocate for the petitioner.

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Mr. Ankur Jain, AAG Punjab.

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Mr. Sachin Sharma, Advocate for respondent No.2.

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M.M.S. BEDI J.(Oral)

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The petitioner seeks quashing of FIR No.43 dated 15.5.2010, under Sections 406/498-A IPC, registered at Police Station “E” Division, Amritsar City, Punjab, on the basis of compromise.

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The said FIR was registered at the instance of respondent No.2-Vandana Kad, alleging that her husband and his family members had maltreated her. The parties have entered into compromise. Report from the Judicial Magistrate 1^st Class, Amritsar has been received that the parties have not appeared before the said

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Criminal Misc. No. M-31455 of 2012

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court to record their statements. However, the complainant-Vandana Kad is present in the Court. She has stated that the marriage has been dissolved by a decree of divorce and that she has received the compensation and value of the dowry articles from the petitioner and that she has no objection if the FIR in question is quashed on the basis of compromise. Her statement has been recorded.

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I am satisfied that the matrimonial dispute has been amicably settled. In view of the judgments in Kulwinder Singh and Ors. vs. State of Punjab and another, 2007(3) RCR (Crl.) 1052 and B.S. Joshi and others versus State of Haryana and another , 2003 (2) RCR (Criminal) 888, the petition is allowed and the FIR No.43 dated 15.5.2010, under Sections 406/498-A IPC, registered at Police Station “E” Division, Amritsar City, Punjab, along with consequential proceedings arising therefrom are hereby quashed.

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January 14, 2013 ( M.M.S. BEDI ) Vijay Asija JUDGE

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Criminal Misc. No. M-31455 of 2012

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Criminal Misc. No. M-31455 of 2012

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Gaurav Seth

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vs. State of Punjab and another

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Statement of Ms. Vandana Kad daughter of Shri Brij Mohan Kad, resident of M/s Ram Narayan Girish Kumar, Gali Kadanwali, Amritsar.

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The matter has been compromised. I have received a sum of Rs.7,50,000/- and custody of the minor child. Now, I have no objection if the FIR No.43 dated 15.5.2010, under Sections 406/498A IPC, registered at Police Station “E” Division, Amritsar City, Punjab, along with consequential proceedings arising therefrom is quashed.

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January 14, 2013 ( M.M.S. BEDI ) Vijay Asija JUDGE

Gaurav Seth v. State of Punjab and Anr.

Case brief

What is this about?

What did the court decide?

Gaurav Seth v. State of Punjab and Anr.

Case brief

What is this about?

What did the court decide?

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