Allowed

Amrit Dhiman v. State of Haryana and Anr.

Punjab & Haryana HC23 Nov 2016CRM-M/15991/2016

Case brief

AI extract

What is this about?

Petitioner sought quashing of an IPC FIR involving Sections 498-A, 406, 506, and 120-B based on a genuine compromise. The High Court of Punjab and Haryana allowed the petition, quashing the FIR and proceedings, relying on the Full Bench judgment in Kulwinder Singh upheld by the Apex Court.

What did the court decide?

FIR No.254 dated 03.06.2013 and all consequent proceedings quashed qua the petitioner; parties directed to remain bound by妥协 terms.

Amrit Dhiman Vs State of Haryana and Anr. — Quashing and FIR | Punjab & Haryana HC (2016)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-15991 of 2016(O&M) Date of decision: 23.11.2016

Amrit Dhiman

..Petitioner

Versus

State of Haryana and another

¶7

..Respondents

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CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY

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Present: Mr. Anil Chawla, Advocate, for the petitioner.

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Mr. K.S.Aulakh, AAG, Punjab

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None 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.254, dated 03.06.2013, registered under Sections 323, 498-A, 406, 506, and 120-B IPC, Police Station Jagadhri City, District Yamuna Nagar 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 threat, coercion or undue influence. The trial court has also sent photocopy of 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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Naresh Kumar 2016.11.28 10:20 I attest to the accuracy and integrity of this document Chandigarh

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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 23, 2016 (ANITA CHAUDHRY) nt JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

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Naresh Kumar 2016.11.28 10:20 I attest to the accuracy and integrity of this document Chandigarh

Amrit Dhiman v. State of Haryana and Anr.

Case brief

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Amrit Dhiman v. State of Haryana and Anr.

Case brief

What is this about?

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