Allowed

Jiwan Singh v. State of Punjab and Ors.

Punjab & Haryana HC18 Nov 2016CRM-M/14983/2016

Case brief

AI extract

What is this about?

This order quashes FIR No.53 and consequent proceedings under Section 498-A IPC against the petitioner, effective November 18, 2016, based on a voluntary written compromise certified by the trial court as free from coercion, relying on precedents Kulwinder Singh and Gian Singh.

What did the court decide?

FIR No.53 and all consequent proceedings are quashed qua the petitioner.

Jiwan Singh Vs State of Punjab and Ors. — Matrimonial and Divorce | Punjab & Haryana HC (2016)

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CRM-M-14983 of 2016(O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-14983 of 2016(O&M) Date of Order: 18.11.2016

Jiwan Singh

..Petitioner

Versus

State of Punjab and others

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..Respondents

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CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY

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Present: Mr. Munish Bhardwaj, Advocate, for the petitioner.

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Mr. K.S.Aulakh, AAG, Punjab. for respondents no.1 to 3.

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None for respondent no.4.

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ANITA CHAUDHRY, J. (Oral)

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The instant petition is for quashing of FIR No.53, dated 18.05.2011, registered under Section 498-A IPC, Police Station Mataur, District SAS Nagar Mohali 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 voluntarily, without any pressure, coercion or undue influence. The trial court has also sent copy of statement of parties.

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Learned counsel for the State on instructions submits that

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Naresh Kumar 2016.11.22 10:31petitioner is the only accused and respondent no.4 is the only I attest to the accuracy and integrity of this document Chandigarh

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CRM-M-14983 of 2016(O&M)

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aggrieved person in this FIR.

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No useful purpose would be served to keep the FIR

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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 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.

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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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November 18, 2016 (ANITA CHAUDHRY) nt JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

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Naresh Kumar 2016.11.22 10:31 I attest to the accuracy and integrity of this document Chandigarh

Jiwan Singh v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

Jiwan Singh v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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