The petitioner sought quashing of an FIR under Section 498-A IPC based on a voluntary compromise. Relying on the trial court's report and precedents, the court quashed the FIR and all consequent proceedings.
FIR No. 27 dated 30.1.2014 and all consequent proceedings initiated on its basis were quashed qua the petitioner.
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Crl. Misc. No. M-15617 of 2016 (O&M)
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In the High Court of Punjab and Haryana at Chandigarh
Crl. Misc. No. M-15617 of 2016 (O&M) Date of Decision: 29.11.2016
Sukhwinder Singh
......Petitioner
Versus
State of Punjab and another .....Respondents
CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY
Present: Mr. V.K.Sandhir, Advocate for the petitioner.
Mr. Deep Singh, AAG, Punjab.
Mr. Manvinder Dalal, Advocate for respondent No. 2.
ANITA CHAUDHRY, J(ORAL)
The instant petition is for quashing of FIR No. 27 dated 30.1.2014 registered under Sections 498-A IPC, Police Station Gate Hakima, Amritsar (Annexure P-1) 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 voluntary, without undue influence, pressure or coercion. The trial Court has also sent copy of the statements of the parties.
Learned counsel for the State on instructions submits that
petitioner is the only accused and respondent No. 2 is the only aggrieved
Gurpreet Singh Bhatia 2016.11.30 14:11 I attest to the accuracy and authenticity of this document High Court Chandigarh
Crl. Misc. No. M-15617 of 2016 (O&M)
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person in this FIR.
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 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.
Needless to say that parties shall remain bound by the terms of compromise and their statements made in the Court below.
(ANITA CHAUDHRY) JUDGE
November 29, 2016 Gurpreet Whether speaking/reasoned : Yes Whether reportable : No
Gurpreet Singh Bhatia 2016.11.30 14:11 I attest to the accuracy and authenticity of this document High Court Chandigarh
1 issue framed by the court
Whether the present petition for quashing of FIR on the basis of voluntary settlement is maintainable under settled judicial principles.
Colour shows how this judgement treated each authority
Kulwinder Singh and others Vs. State of Punjab and anotherApplied¶23
Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052
Gian Singh Vs. State of Punjab and othersApplied¶23
Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303 · Who else cites this
Sukhwinder Singh
State of Punjab
ANITA CHAUDHRY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
