The High Court of Punjab and Haryana allowed a petition to quash an FIR registered under Sections 406, 498-A, and 323 IPC. The court relied on a genuine compromise between parties and approved by the trial court.
Quashing of FIR No. 42 dated 21.05.2013 and all consequent proceedings qua the petitioners.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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CRM-M-14791 of 2016
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-14791 of 2016(O&M) Date of decision:26.10.2016
Amit Thakur and others ..Petitioners
Versus
The State of Punjab and another ..Respondents
CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY
Present: Mr. Rahul Sharma-I, Advocate, for the petitioners.
Mr. Deep Singh, AAG, Punjab
None for respondent no.2.
ANITA CHAUDHRY, J. (Oral)
The instant petition is for quashing of FIR No.42, dated 21.05.2013, registered under Sections 406, 498-A and 323 IPC, Police Station Women Cell, Jalandhar 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 genuine one and without any force and pressure. The trial court has also sent 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 2016.10.27 10:28 I attest to the accuracy and integrity of this document Chandigarh
CRM-M-14791 of 2016
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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 petitioner.
Needless to say that parties shall remain bound by the terms of compromise and their statements made in the Court below.
October 26, 2016 (ANITA CHAUDHRY) nt JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No
Naresh Kumar 2016.10.27 10:28 I attest to the accuracy and integrity of this document Chandigarh
1 issue framed by the court
Whether the instant petition for quashing of FIR based on a genuine compromise should be allowed.
Colour shows how this judgement treated each authority
Kulwinder Singh and others v. State of Punjab and anotherRelied on¶21
Kulwinder Singh and others v. State of Punjab and another, 2007 (3) RCR (Criminal), 1052
Gian Singh vs. State of Punjab and othersRelied on¶21
Gian Singh vs. State of Punjab and others (2012) 10 SCC 303 · Who else cites this
1 provisions across 1 enactments
Amit Thakur and others
The State of Punjab and another
Anita Chaudhry
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
