Allowed

Kulwinder Singh v. State of Punjab and Another

Punjab & Haryana HC19 Dec 2016CRM-M/12967/2015

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana, relying on a Full Bench judgment and Apex Court approval, quashed an FIR for family dispute offences (Sections 498-A, 406 IPC) based on a verified genuine compromise. The petition was allowed, and proceedings were quashed against the sole accused.

What did the court decide?

FIR and all consequent proceedings qua the petitioner are quashed.

Kulwinder Singh Vs State of Punjab and Another — Quashing and FIR | Punjab & Haryana HC (2016)

¶1

CRM-M-12967 of 2015(O&M)

¶2

-1-

¶3

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶4

CRM-M-12967 of 2015(O&M) Date of decision: 19.12.2016

Kulwinder Singh

..Petitioner

Versus

State of Punjab and another

¶9

..Respondents

¶10

CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY

¶11

Present: Mr. A.S.Saini, Advocate, for Mr. Rishu Mahajan, Advocate for the petitioner.

¶12

Mr. K.S.Aulakh, AAG, Punjab

¶13

Mr. Balraj Singh Sidhu, Advocate for respondent no.2.

¶14

ANITA CHAUDHRY, J. (Oral)

¶15

The instant petition is for quashing of FIR No.211, dated 02.12.2011, registered under Sections 406, 498-A, 294 and 295 IPC Police Station Chherreta, District Amritsar City and all the consequent proceedings arising out of the same, on the basis of written compromise arrived at between the parties.

¶16

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 appears to be genuine and valid and outcome of free consent of the parties and is without coercion from any quarter. The trial court has also sent photocopies of statements of parties.

¶17

Naresh Kumar 2016.12.20 16:20 I attest to the accuracy and integrity of this document Chandigarh

¶18

-2-

¶19

CRM-M-12967 of 2015(O&M)

¶20

Learned counsel for the State on instructions submits that petitioner is the only accused and respondent no.2 is the only aggrieved person in this FIR.

¶21

No useful purpose would be served to keep the FIR

¶22

pending.

¶23

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 petitioner.

¶24

Needless to say that parties shall remain bound by the terms of compromise and their statements made in the Court below.

¶25

December 19, 2016 (ANITA CHAUDHRY) nt JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

¶26

Naresh Kumar 2016.12.20 16:20 I attest to the accuracy and integrity of this document Chandigarh

Kulwinder Singh v. State of Punjab and Another

Case brief

What is this about?

What did the court decide?

Kulwinder Singh v. State of Punjab and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Pinki Vs Raj Kumar @ Raju & Ors.

Peter Masih Vs State of Punjab

Mohd. Shahzad Vs Ut of Chandigarh

Shivjit Singh & Anr. Vs Rupinder Kaur

Gurjant Singh and Anr. Vs State of Punjab and Ors.

Sukhjit Singh Randhawa Vs State of Punjab