The High Court quashed FIR No.36 under Sections 498-A and 506 IPC and consequent proceedings against petitioners based on a voluntary compromise, following Full Bench principles and trial court reports.
The instant petition is allowed and the aforesaid FIR and all consequent proceedings are quashed qua the petitioners.
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CRM-M-13840 of 2016(O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-13840 of 2016(O&M) Date of Order: 16.11.2016
Raj Kumar and others
..Petitioners
Versus
State of Punjab and another
..Respondents
CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY
Present: Mr. Vishal Munjal, Advocate, for the petitioners.
Mr. Deep Singh, AAG, Punjab
Mr.Sunil Agnihotri, Advocate, for respondent no.2.
ANITA CHAUDHRY, J. (Oral)
The instant petition is for quashing of FIR No.36, dated 19.05.2012, registered under Section 498-A and 506 IPC Police Station Division No.2, Pathankot, Gurdaspur (now District Pathankot) 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. The trial court has also sent original 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 person in this FIR.
Naresh Kumar 2016.11.16 16:43 I attest to the accuracy and integrity of this document Chandigarh
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CRM-M-13840 of 2016(O&M)
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.
November 16, 2016 (ANITA CHAUDHRY) nt JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No
Naresh Kumar 2016.11.16 16:43 I attest to the accuracy and integrity of this document Chandigarh
2 issues framed by the court
Whether FIR No.36 registered under Sections 498-A and 506 IPC may be quashed based on a voluntary compromise between parties.
Whether the trial court's report on the voluntariness of the compromise supports quashing the criminal proceeding.
Colour shows how this judgement treated each authority
Kulwinder Singh and others v. State of Punjab and anotherRelied on¶24
Kulwinder Singh and others v. State of Punjab and another, 2007 (3) RCR (Criminal), 1052
Gian Singh vs. State of PunjabRelied on¶24
Gian Singh vs. State of Punjab and others (2012) 10 SCC 303 · Who else cites this
2 provisions across 1 enactments
Raj Kumar
others
State of Punjab
another
Anita Chaudhry
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
