Allowed

Ritesh Vij and Ors. v. State of Punjab and Anr.

Punjab & Haryana HC13 May 2016CRM-M/1641/2016

Case brief

AI extract

What is this about?

The High Court allowed a petition under Section 482 CrPC to quash an FIR concerning Sections 307, 323, 498-A, and 34 IPC. The Court quashed the FIR and consequent proceedings based on a genuine written compromise between parties, relying on the principles laid down in Kulwinder Singh and Gian Singh.

What did the court decide?

FIR No. 291 dated 20.11.2014 and all consequent proceedings conducted on the basis thereof are quashed qua the petitioners.

Ritesh Vij and Ors. Vs State of Punjab and Anr. — Dowry and Cruelty | Punjab & Haryana HC (2016)

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Crl. Misc. No. M-1641 of 2016

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In the High Court of Punjab and Haryana at Chandigarh

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Crl. Misc. No. M-1641 of 2016 Date of Decision: 13.05.2016

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Ritesh Vij and others

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......Petitioners

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Versus

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State of Punjab and another

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.....Respondents

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CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY

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Present: Mr. Gurmeet Singh, Advocate for the petitioners.

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Mr. Deep Singh, AAG, Punjab.

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Mr. Nirmaljeet Sigh, 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. 291 dated 20.11.2014 registered under Sections 307, 323, 498-A, 34 IPC (offence under Section 307 IPC was deleted later on), Police Station City Khanna, District Khanna (Annexure P-1) and all the consequent proceedings arising out of the same, on the basis of written compromise dated 23.1.2015 (Annexure P-2) 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. The trial Court has also sent copy of 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

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GURPREET SINGH 2016.05.17 10:34 I attest to the accuracy and authenticity of this document High Court Chandigarh

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Crl. Misc. No. M-1641 of 2016

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only 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 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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May 13, 2016 Gurpreet

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GURPREET SINGH 2016.05.17 10:34 I attest to the accuracy and authenticity of this document High Court Chandigarh

Ritesh Vij and Ors. v. State of Punjab and Anr.

Case brief

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Ritesh Vij and Ors. v. State of Punjab and Anr.

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