Allowed

Ajay Kumar & Ors. v. State of Punjab & Anr.

Punjab & Haryana HC10 Aug 2016CRM-M/14714/2016

Case brief

AI extract

What is this about?

In Crl. Misc. No. M-14714 of 2016, the High Court of Punjab and Haryana allowed a petition to quash FIR No. 262 registered under Sections 498-A, 406, 506, 120-B IPC. The court quashed the FIR and proceedings based on a verified genuine compromise between the parties, relying on the Full Bench judgment of Kulwinder Singh and approval by the Apex Court in Gian Singh.

What did the court decide?

The instant petition is allowed; the FIR and all consequent proceedings conducted on the basis thereof are quashed qua the petitioners.

Ajay Kumar & Ors. Vs State of Punjab & Anr. — Cheque Dishonour | Punjab & Haryana HC (2016)

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Crl. Misc. No. M-14714 of 2016

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In the High Court of Punjab and Haryana at Chandigarh

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Crl. Misc. No. M-14714 of 2016 Date of Decision: 10.8.2016

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Ajay Kumar and others

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......Petitioners

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Versus

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State of Punjab and another .....Respondents

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CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY

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Present: Mr. Manish Dadwal, Advocate for the petitioners.

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Mr. Deep Singh, AAG, Punjab.

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Mr. Rakesh Kumar, 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. 262 dated 29.12.2015 registered under Sections 498-A, 406, 506, 120-B IPC, Police Station Samrala, District Khanna (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 compromise is genuine and without any pressure or coercion. The trial Court has also sent the statements of parties.

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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.

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Gurpreet Singh Bhatia 2016.08.12 10:39 I attest to the accuracy and authenticity of this document High Court Chandigarh

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Crl. Misc. No. M-14714 of 2016

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

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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 petitioners.

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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 10, 2016 Gurpreet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

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Gurpreet Singh Bhatia 2016.08.12 10:39 I attest to the accuracy and authenticity of this document High Court Chandigarh

Ajay Kumar & Ors. v. State of Punjab & Anr.

Case brief

What is this about?

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Ajay Kumar & Ors. v. State of Punjab & Anr.

Case brief

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