Quashed

Amandeep Singh v. State of Punjab & Anr.

Punjab & Haryana HC17 Oct 2014CRM-M/17542/2014

Case brief

AI extract

What is this about?

The High Court allowed a petition under Section 482 Cr.P.C. to quash an FIR and consequential proceedings under Sections 406 and 498-A IPC. The court held that the case arose from a matrimonial dispute, the parties had effected a compromise, filed for and obtained mutual consent divorce, and the petitioner faced bleak chances of conviction, making further proceedings an abuse of process.

What did the court decide?

FIR No. 406 dated 12.12.2009 under Sections 406 and 498-A IPC and all consequential proceedings arising therefrom were quashed.

Amandeep Singh Vs State of Punjab & Anr. — Domestic Violence | Punjab & Haryana HC (2014)

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CRM-M-17542-2014

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

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CHANDIGARH

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CRM-M-17542-2014

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Date of Decision: October 17, 2014

Amandeep Singh

…Petitioner

Versus

State of Punjab and another

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…Respondents

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CORAM: HON’BLE MR. JUSTICE NARESH KUMAR SANGHI

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Present: Mr. B.P.S. Virk, Advocate, for the petitioner.

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Mr. Mikhail Kad, AAG, Punjab, for respondent No. 1.

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Mr. Parshotam Lal Singla, Advocate, for respondent No. 2.

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NARESH KUMAR SANGHI, J. (Oral)

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The present petition under Section 482, Cr.P.C., has been filed by the petitioner, Amandeep Singh, son of Balwinder Singh, resident of village Rogla, Tehsil Sunam, District Sangrur, for quashing of FIR No. 406, dated 12.12.2009, under Sections 406 and 498-A, IPC, registered at Police Station, Samana, District Patiala, and all the consequential proceedings arising therefrom,

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on the basis of the compromise.

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PRASHANT KAPOOR 2014.10.20 17:44 I attest to the accuracy and authenticity of this document

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CRM-M-17542-2014 2

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Learned counsel submits that due to temperamental differences, the petitioner could not pull on well with respondent No. 2/complainant, which resulted into registration of the impugned FIR; after thorough investigation, Balwinder Singh, father of the petitioner was found innocent, therefore, the charge sheet was filed only against the petitioner; due to intervention of the respectable and elderly people of the society, both the private factions have sorted out their disputes and effected a compromise; as per the terms and conditions of the compromise, the petitioner as well as respondent No. 2 presented a petition under Section 13-B of the Hindu Marriage Act, 1955, before the learned Additional Civil Judge, Samana (exercising the powers of District Judge), which was accepted and a decree of divorce by mutual consent was granted in their favour; all the remaining conditions of the compromise have also been materialized; and that pendency of the impugned FIR and the consequential proceedings arising therefrom would be a sheer abuse of the process of law. In support of his contentions, learned counsel for the petitioner has placed reliance on the ratio of the judgment delivered by Hon'ble the Supreme Court in the matter of B.S. Joshi and others v. State of Haryana and another, 2003 (2) R.C.R. (Criminal) 888 .

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PRASHANT KAPOOR 2014.10.20 17:44 I attest to the accuracy and authenticity of this document

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CRM-M-17542-2014 3

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Respondent No. 2/complainant is present in person in the Court today. Her statement was recorded by this Court separately wherein she has admitted that a compromise has been effected with the opposite party.

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Learned counsel for the State on instructions from HC Ajaib Singh of Police Station, Samana, District Patiala, very fairly conceded that both the private factions have sorted out their disputes and effected a compromise. He further submits that in view of the statement suffered by respondent No. 2/complainant before this Court, he has no objection if the impugned FIR and all the consequential proceedings arising therefrom are quashed.

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Learned counsel for respondent No. 2/complainant has also followed the submissions made by the learned counsel for the State and further submits that he has instructions to state at the bar that the impugned FIR and the proceedings emanating therefrom be quashed. He also contends that all the terms and conditions of the compromise so effected between the parties, have been materialized.

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After hearing learned counsel for the parties and going through the material available on record, this Court is also of the considered view that the present criminal litigation has

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PRASHANT KAPOOR 2014.10.20 17:44 I attest to the accuracy and authenticity of this document

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CRM-M-17542-2014

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arisen out of a matrimonial dispute and pendency of the same would be sheer abuse of the process of law since the chances of conviction and sentence of the petitioner are bleak.

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In view of the totality of the facts and circumstances of the case and the ratio of the judgment delivered by Hon'ble the Supreme Court in the matter of B.S. Joshi (supra) , this petition is accepted and FIR No. 406, dated 12.12.2009, under Sections 406 and 498-A, IPC, registered at Police Station, Samana, District Patiala, and the consequential proceedings arising therefrom are hereby quashed.

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(NARESH KUMAR SANGHI) October 17, 2014 JUDGE Pkapoor

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PRASHANT KAPOOR 2014.10.20 17:44 I attest to the accuracy and authenticity of this document

Amandeep Singh v. State of Punjab & Anr.

Case brief

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Amandeep Singh v. State of Punjab & Anr.

Case brief

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