The High Court allowed a public interest litigation where parties voluntarily compromised in a matrimonial dispute. Relying on relevant ratio, the Court quashed the FIR registered under specific IPC sections.
Quashing of police proceedings, namely FIR No.28 dated 08.07.2011 registered under Sections 406, 498-A, 420 IPC.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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Date of decision: 28th May, 2015
Utpal Prashar and another
� Petitioners
Versus
State of Punjab and another
� Respondents
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Present: Mr. Shiv Karan Rana, Advocate
for the petitioners.
Mr. J.S. Brar, Asstt. Advocate General, Punjab for respondent No.1.
None for respondent No.2.
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Statements of the parties have been recorded which are supported by their sworn affidavits and this Court is satisfied that the compromise between the parties which has already been reduced into writing by way of compromise deed (Annexure P2) and statements before this Court are voluntary one and are without any influence or pressure.
RATTAN PAL SINGH 2015.06.24 16:30 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court
2
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Keeping in view the fact that it is a pure matrimonial dispute between the parties and this compromise will go a long way in ironing out differences in betterment of their future life and in the light of ratio laid down in $�%&'� %'()�*�� +&+,�����-'.&/�&'0�&'�+),1�� ����"2#�����"�1%3%'&4#��25 and $6-47%'0,1� %'()�&'0��+),18�*�� +&+,�����-'.&/�&'0�&'�+),1�����9�"5#�����"�1%3%'&4#�����!� the prayer made in this petition is allowed, proceedings by way of FIR No.28 dated 08.07.2011 registered at Police Station Women Cell, Jalandhar under Sections 406, 498<A, 420 IPC and all consequences arising out of the said FIR are hereby quashed.
The petition stands allowed in those terms.
A copy of this order be sent to the concerned Court.
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RATTAN PAL SINGH 2015.06.24 16:30 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court
2 issues framed by the court
Whether the compromise in the matrimonial dispute is voluntary without influence or pressure?
Whether the proceedings under the said FIR should be quashed in light of the compromise?
1 provisions across 1 enactments
Utpal Prashar and another
State of Punjab and another
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
