Petitioners sought quashing of an FIR under Sections 498-A and 34 IPC based on a genuine compromise. The Court, relying on precedent, allowed the petition and quashed the FIR and associated proceedings.
FIR No. 195 and all consequent proceedings conducted on its basis are quashed qua the petitioners.
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Crl. Misc. No. M-1056 of 2016
In the High Court of Punjab and Haryana at Chandigarh
Crl. Misc. No. M-1056 of 2016 Date of Decision: 30.05.2016
Surmeet Singh and others
......Petitioners
Versus
State of Punjab and another
.....Respondents
CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY
Present: Mr. Tarun Sharma, Advocate for the petitioners.
Mr. Deep Singh, AAG, Punjab.
None for respondent No. 2.
ANITA CHAUDHRY, J (ORAL)
The instant petition is for quashing of FIR No. 195 dated 10.7.2014 registered under Sections 498-A, 34 IPC, Police Station Ferozepur City (Annexure P-1) and all the consequent proceedings arising out of the same, on the basis of written compromise arrived at between the parties.
Report has been received from the trial Court after statements of the parties were recorded regarding the compromise. The trial Court has reported that the compromise is genuine, voluntary and without any pressure or undue influence. The trial Court has also sent the statements of parties.
Learned counsel for the State on instructions submits that petitioners are the only accused and respondent No. 2 is the only aggrieved
GURPREET SINGH 2016.05.31 17:13 I attest to the accuracy and authenticity of this document High Court Chandigarh
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Crl. Misc. No. M-1056 of 2016
person in this FIR.
No useful purpose would be served to keep the FIR pending.
In view of the statements and report of the trial Court and the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052 , approved by Hon'ble Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303 , the instant petition is allowed and the aforesaid FIR and all consequent proceedings conducted on the basis thereof are quashed qua the petitioners.
Needless to say that parties shall remain bound by the terms of compromise and their statements made in the Court below.
(ANITA CHAUDHRY) JUDGE
May 30, 2016 Gurpreet
GURPREET SINGH 2016.05.31 17:13 I attest to the accuracy and authenticity of this document High Court Chandigarh
1 issue framed by the court
Whether the FIR and consequent proceedings should be quashed based on a genuine compromise between parties.
Colour shows how this judgement treated each authority
Kulwinder Singh and others Vs. State of Punjab and anotherRelied on¶24
Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052
Gian Singh Vs. State of Punjab and othersRelied on¶24
Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303 · Who else cites this
Surmeet Singh and others
State of Punjab
Anita Chaudhry
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
