Allowed

Sunita Kataria v. Manish Kumar

Punjab & Haryana HC26 Sept 2014CRM-M/17903/2014

Case brief

AI extract

What is this about?

The High Court of Punjab & Haryana allowed a petition under Section 482 Cr.P.C. to quash a criminal complaint involving alleged caste-based offenses. The complaint was quashed based on a genuine compromise dated March 10, 2014, verified by the trial court, thereby setting aside the proceedings.

What did the court decide?

Complaint No.581 dated December 21, 2012 and consequent proceedings pending before the Additional Sessions Judge, Gurgaon, were quashed.

Sunita Kataria Vs Manish Kumar — Caste Atrocities | Punjab & Haryana HC (2014)

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IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

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233

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Criminal Miscellaneous No.M-17903 of 2014 Date of Decision: September 26, 2014

Sunita Kataria

..... PETITIONER

VERSUS

Manish Kumar

..... RESPONDENT

. . .

CORAM: HON'BLE MR. JUSTICE JASPAL SINGH

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. . .

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Whether Reporters of local papers may be allowed to see the judgment?

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To be referred to the Reporters or not?

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Whether the judgment should be reported in the Digest?

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. . .

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PRESENT : - Mr. Abhimanyu Singh, Advocate, for the petitioner.

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Mr. Virendra Rana, Advocate, for the respondent.

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. . .

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Jaspal Singh, J (Oral)

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This petition has been preferred under Section 482 Cr.P.C.

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for quashing complaint No.581 dated December 21, 2012 (Annexure P-1), under Sections 290, 294, 323, 504, 506 IPC and Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,

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1989, titled “Manish Kumar vs. Sunita Kataria” pending in the Court of

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AVIN KUMAR 2014.09.29 16:08 I attest to the accuracy and authenticity of this document High Court of Punjab & Haryana at Chandigarh

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Crl. Misc. No.M-17903 of 2014 [2]

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Additional Sessions Judge, Gurgaon, on the basis of compromise dated March 10, 2014 (Annexure P-2).

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On the last date of hearing i.e. August 11, 2014, the parties were directed to appear before the trial court for making statements regarding the factum of compromise and the trial court was directed to send a report regarding genuineness and validity of the same.

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Report dated September 8, 2014 has been received from the trial court, according to which, compromise (Annexure P-2) has been found to be genuine and result of free will and volition, and without any threat, coercion or pressure. Through the above mentioned compromise, the parties have settled their disputes which would be helpful for them to lead a harmonious life. No useful purpose would be served by keeping the matter pending between the parties.

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In the light of what has been discussed above, compromise (Annexure P-2) and the report received from the trial court, the petition is allowed. Complaint No.581 dated December 21, 2012 (Annexure P-1), under Sections 290, 294, 323, 504, 506 IPC and Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, titled “Manish Kumar vs. Sunita Kataria” pending in the Court of Additional Sessions Judge, Gurgaon, and consequent proceedings are hereby quashed.

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(Jaspal Singh)

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September 26, 2014 Judge avin

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AVIN KUMAR 2014.09.29 16:08 I attest to the accuracy and authenticity of this document High Court of Punjab & Haryana at Chandigarh

Sunita Kataria v. Manish Kumar

Case brief

What is this about?

What did the court decide?

Sunita Kataria v. Manish Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

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