High Court quashed FIR No.166 registered under Sections 498A and 406 IPC and all consequent proceedings. The compounding was based on a voluntary written compromise reported by the trial court as being free from coercion or undue influence.
FIR No.166 dated 23.08.2014 and all consequent proceedings arising therefrom are quashed.
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CRM-M-10813 of 2016(O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-10813 of 2016(O&M) Date of Order: 07.12.2016
Paramjit Singh and another
..Petitioners
Versus
State of Punjab and another
..Respondents
CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY
Present: Ms. Pinki Banwala, Advocate, for Mr. J.S.Thind, Advocate, for the petitioners.
Mr. K.S.Aulakh, AAG, Punjab
Mr. Veneet Sharma, Advocate, for respondent no.2.
ANITA CHAUDHRY, J. (Oral)
The instant petition is for quashing of FIR No.166, dated 23.08.2014, registered under Sections 498A and 406 IPC Police Station C-Division, District Amritsar City 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 voluntarily, without undue influence, pressure or coercion, and out of their free will and consent. The trial court has also sent photocopies of statements of parties.
Learned counsel for the State on instructions submits that
Naresh Kumar 2016.12.08 10:22 I attest to the accuracy and integrity of this document Chandigarh
CRM-M-10813 of 2016(O&M)
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petitioners are the only accused and respondent no.2 is the only aggrieved 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 v. 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.
December 07, 2016 (ANITA CHAUDHRY) nt JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No
Naresh Kumar 2016.12.08 10:22 I attest to the accuracy and integrity of this document Chandigarh
1 issue framed by the court
Whether the FIR and consequent proceedings be quashed upon arrival of a voluntary written compromise between the parties.
Colour shows how this judgement treated each authority
Kulwinder Singh and others v. State of Punjab and anotherReferred¶24
Kulwinder Singh and others v. State of Punjab and another, 2007 (3) RCR (Criminal), 1052
Gian Singh vs. State of Punjab and othersReferred¶24
Gian Singh vs. State of Punjab and others (2012) 10 SCC 303 · Who else cites this
Paramjit Singh
another
State of Punjab
another
Anita Chaudhry
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
