Allowed

Nawab Singh Virk v. State of Haryana and Anr.

Punjab & Haryana HC9 Aug 2016CRM-M/13980/2016

Case brief

AI extract

What is this about?

The High Court quashed an FIR registered under sections 406, 498-A, 307 IPC and related charges against the petitioner. The court relied on a trial court report confirming a valid compromise between parties and cited precedent allowing quashing upon settlement.

What did the court decide?

FIR No. 372 dated 17.12.2008 and all consequent proceedings are quashed qua the petitioner.

Nawab Singh Virk Vs State of Haryana and Anr. — Matrimonial and Divorce | Punjab & Haryana HC (2016)

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Crl. Misc. No. M-13980 of 2016 -1-

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In the High Court of Punjab and Haryana at Chandigarh

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Crl. Misc. No. M-13980 of 2016 Date of Decision: 09.8.2016

Nawab Singh Virk

......Petitioner

Versus

State of Haryana and another

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.....Respondents

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CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY

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Present: Mr. Ashit Malik, Advocate for the petitioner.

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Mr. Sanjay K. Saini, AAG, Haryana.

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Mr. Pawan Attri, Advocate for respondent No. 2.

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ANITA CHAUDHRY, J(ORAL)

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The instant petition is for quashing of FIR No. 372 dated 17.12.2008 registered under Sections 406, 498-A, 323, 307, 506, 120-B IPC, Police Station Pehowa, District Kurukshetra (Annexure P-1) and all the consequent proceedings arising out of the same, on the basis of written compromise arrived at between the parties.

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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 parties entered into compromise without any pressure or coercion. The trial Court has also sent copy of the statements of parties.

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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.

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No useful purpose would be served to keep the FIR pending.

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Gurpreet Singh Bhatia 2016.08.12 10:43 I attest to the accuracy and authenticity of this document High Court Chandigarh

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-2-

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Crl. Misc. No. M-13980 of 2016

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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 petitioner.

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

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(ANITA CHAUDHRY) JUDGE

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August 09, 2016 Gurpreet Whether speaking/reasoned : Yes Whether reportable : No

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Gurpreet Singh Bhatia 2016.08.12 10:43 I attest to the accuracy and authenticity of this document High Court Chandigarh

Nawab Singh Virk v. State of Haryana and Anr.

Case brief

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Nawab Singh Virk v. State of Haryana and Anr.

Case brief

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