Allowed

Jasvir Singh and Ors. v. State of Punjab and Anr.

Punjab & Haryana HC25 Feb 2014CRM-M/15303/2013

Case brief

AI extract

What is this about?

Petitioners sought quashing of an FIR for dowry harassment after entering a compromise. The complainant died post-compromise. The Court held that since the matter was settled voluntarily and the matrimonial life was resumed, it exercised inherent powers to quash the FIR.

What did the court decide?

FIR No. 201 dated 24.12.2012 under Sections 406 and 498-A IPC registered at Police Station Lalru, District S.A.S. Nagar, is quashed.

Jasvir Singh and Ors. Vs State of Punjab and Anr. — Dowry and Cruelty | Punjab & Haryana HC (2014)

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Satish Kumar IN THE HIGH COURT OF PUNJAB AND HARYANA 2014.02.28 15:04 AT CHANDIGARH

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Criminal Misc. No.M-15303 of 2013 Date of Decision : February 25, 2014

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Jasvir Singh and others

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....Petitioners

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Versus State of Punjab and another .....Respondents

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

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Present : Mr. Amit Gupta, Advocate for Mr. Ankur Mittal, Advocate for the petitioners.

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Dr. Deipa Singh, Additional Advocate General, Punjab for respondent No.1-State.

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

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T.P.S. MANN, J.

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Prayer made in the petition was for quashing of FIR No.201 dated 24.12.2012 under Sections 406/498-A IPC registered at Police Station Lalru, District S.A.S. Nagar.

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The aforementioned FIR was registered on the basis of complaint submitted by respondent-Sukhjit Kaur wherein she stated that the petitioners had been harassing and treating her with cruelty by raising unlawful demands for more dowry.

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The quashing of the FIR was sought on the ground that subsequent of its registration, the elders and the respectables from both the sides got the matter compromised between the parties. Copy of the compromise deed dated 6.5.2013 entered into in that regard between the petitioners and respondent-Sukhjit Kaur was appended with the petition as Annexure P-2.

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Criminal Misc. No.M-15303 of 2013

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While issuing notice, this Court vide order dated 9.5.2013 directed the parties to present themselves before the Ilaqa Magistrate for getting their statements recorded with regard to compromise. The said Court was directed to record the statements of both the parties to its satisfaction so as to know the genuineness of the compromise and also as to whether the statements were not the result of any pressure or coercion in any manner. A report in that regard was required to be made.

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Pursuant to the above, report has been received from the Judicial Magistrate 1^st Class, Dera Bassi, wherein it is mentioned that the parties appeared on 2.7.2013 and brought to the notice of the Court that respondent-Sukhjit Kaur had died. On 16.7.2013, they produced her death certificate, wherein the date of her death was recorded as 20.5.2013. The Court then proceeded to record separate statements of the petitioners, who stated that they had voluntarily entered into a compromise with Sukhjit Kaur, who had since died. Similarly, Karamjit Singh, father of respondent-Sukhjit Kaur, since deceased, also got recorded his statement and identified the signatures of his daughter, since dead, as appearing on the compromise deed, which deed was present on the judicial record. He also stated that his daughter had entered into a compromise at her own will, voluntarily and without any pressure, coercion or undue influence. He further stated that in terms of the compromise his late daughter had even returned to the house of the petitioner and resumed matrimonial life. It was also stated that no statement of respondent-Sukhjit

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Criminal Misc. No.M-15303 of 2013

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Kaur could be recorded as she had died much prior to the appearance of the parties in the Court. Finally, it was stated that from the statements of the parties it stood established that compromise had been entered into voluntarily from the side of the petitioners. Alongwith the report, learned Judicial Magistrate appended the statements of the petitioners as well as that of Karamjit Singh, father of respondent-Sukhjit Kaur, since deceased.

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Learned State counsel, after obtaining instructions, has informed the Court that the case is still at the stage of investigation.

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Offence under Section 406 IPC is lawfully compoundable, whereas that under Section 498-A is noncompoundable. However, when the parties had already settled the matter by entering into a compromise, pursuant to which respondent-Sukhjit Kaur had even joined her husband and resumed matrimonial life and this fact stands admitted by her father Karamjit Singh before the Ilaqa Magistrate by making a statement in this regard, this Court can exercise its inherent powers under Section 482 Cr.P.C. so as to quash the FIR.

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Resultantly, the petition is accepted and FIR No.201 dated 24.12.2012 under Sections 406 and 498-A IPC registered at Police Station Lalru, District S.A.S. Nagar, is quashed.

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( T.P.S. MANN ) JUDGE

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February 25, 2014 satish

Jasvir Singh and Ors. v. State of Punjab and Anr.

Case brief

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Jasvir Singh and Ors. v. State of Punjab and Anr.

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