Quashed

Harsh Handa and Anr. v. State of Punjab and Anr.

Punjab & Haryana HC28 Jan 2013CRM-M/35251/2012

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana quashed an FIR registered under sections 406 and 498-A IPC. Relying on Dharambir Vs. State of Haryana, the court held that matrimonial offences can be quashed if the dispute is settled amicably without pressure, securing the ends of justice.

What did the court decide?

FIR No. 54 dated 19.10.2011 registered at Police Station Women Cell, Jalandhar, for offences under sections 406 and 498-A IPC, along with all subsequent proceedings, was quashed.

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

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Crl. Misc. No.M-35251 of 2012

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Criminal Misc. No. M-35251 of 2012 (O&M) Date of Decision : January 28^th , 2013

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Harsh Handa and another

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.... Petitioners

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Versus

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State of Punjab and another .... 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? 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. Kuldip Sanwal, Advocate, for the petitioners.

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Ms. Anmol Grewal, AAG, Punjab, for the State

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Ms. Monika Jalota, Advocate, for respondent No.2.

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VIJENDER SINGH MALIK, J.

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Harsh Handa and Kiran Handa, the petitioners have brought this petition under the provisions of section 482 Cr. P.C., for quashing of FIR No. 54 dated 19.10.2011 registered at Police Station Women Cell, Jalandhar (Annexure P1) for an offence punishable under sections 406, 498-A of Indian Penal Code along with all the subsequent proceedings arising out of the same on the basis of compromise (Annexure P2).

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While issuing notice of motion, the parties were directed to appear before learned Illaqa Magistrate on 23.11.2012 for getting their

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Crl. Misc. No.M-35251 of 2012

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statements recorded in support of the compromise. Learned Judicial Magistrate Ist Class, Jalandhar has sent his report in this regard through learned District & Sessions Judge, Jalandhar. He has reported that he had recorded the statements of the parties, who have supported the factum of compromise. He has concluded his report by submitting that the parties have already settled their grievances amicably and that the compromise arrived at between them through the intervention of the respectable persons and relatives, is without any pressure or coercion from anyone.

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The contested decisions made by the courts leave scars on the litigants who lose the battle. In a decision based on compromise, none is a loser and, therefore, none suffers any such scar. Compromise not only brings peace and harmony between the parties to a dispute but also restores tranquility in the society. 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 noncompoundable matrimonial offence 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.54 dated 19.10.2011 registered at Police Station Women Cell, Jalandhar

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Crl. Misc. No.M-35251 of 2012

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(Annexure P1) for an offence punishable under sections 406, 498-A

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IPC alongwith all subsequent proceedings arising therefrom.

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(VIJENDER SINGH MALIK) JUDGE January 28^th , 2013 som

Harsh Handa and Anr. v. State of Punjab and Anr.

Case brief

What is this about?

What did the court decide?

Harsh Handa and Anr. v. State of Punjab and Anr.

Case brief

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What did the court decide?

What the court decided

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