Allowed

Kuldeep Malik v. State of Haryana and Anr.

Punjab & Haryana HC24 May 2013CRM-M/4008/2013

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana allowed a petition under Section 482 Cr.P.C. to quash an FIR and consequential proceedings. The court noted the dispute was matrimonial in nature and had been settled with the intervention of respectable persons. Relying on the interest of harmonious relations, the FIR u/s 406, 498-A, and 506 IPC was quashed based on the compromise.

What did the court decide?

FIR No. 309 dated 26.07.2012 registered at Police Station Urban Estate Rohtak under Sections 406, 498-A and 506 IPC along with all consequential proceedings quashed.

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

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CRM M-4008 of 2013

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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Crl. Misc. No. M-4008 of 2013 (O&M) Date of Decision: May 24, 2013.

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Kuldeep Malik

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

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VERSUS

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State of Haryana and another

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

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

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Present: Petitioner in person with Mr. Ravinder Hooda, Advocate.

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Mr. Pawan Singh, D.A.G. Haryana.

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Respondent No.2 in person with Mr. Mukesh Kumar Verama, Advocate.

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RAM CHAND GUPTA, J.(Oral)

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The present petition has been filed under Section 482 of the Code of Criminal Procedure for quashing of FIR No.309 dated 26.07.2012 (Annexure P-1) under Sections 406, 498-A and 506 of Indian Penal Code, registered at Police Station Urban Estate Rohtak, District Rohtak and all other consequential proceedings arising therefrom on the basis of compromise, Annexure P-2, 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 parties that

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CRM M-4008 of 2013

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dispute between the parties was matrimonial in nature and the same has since been settled due to intervention of respectable persons and relatives from both the sides and that petitioner and respondent No.2 are living together.

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Respondent No.2 also appeared in person with her counsel and filed short reply by way of affidavit admitting the factum of compromise and stated that she is having no objection if the FIR and consequential proceedings are quashed.

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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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Since the dispute was matrimonial in nature which has been settled due to intervention of the respectable persons and relatives from both the sides, in the interest of harmonious relations between the parties, the present petition is allowed and the impugned FIR No. 309 dated 26.07.2012 (Annexure P-1) under Sections 406, 498-A and 506 of Indian Penal Code, registered at Police Station Urban Estate Rohtak, District Rohtak alongwith all consequential proceedings qua petitioner Kuldeep Malik is, hereby, quashed.

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( RAM CHAND GUPTA ) May 24, 2013. JUDGE Sachin M.

Kuldeep Malik v. State of Haryana and Anr.

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Kuldeep Malik v. State of Haryana and Anr.

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