Allowed

Jasvir Kaur v. State of Punjab & Ors.

Punjab & Haryana HC23 Nov 2016CRM-M/16495/2016

Case brief

AI extract

What is this about?

This petition sought quashing of an FIR involving matrimonial offenses based on a voluntary compromise. Relying on precedent and the trial court's affirmative report on the compromise's genuineness, the High Court quashed the FIR and consequent proceedings against the petitioner.

What did the court decide?

Impugned FIR No.8 and all consequent proceedings are quashed qua the petitioner.

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

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CRM-M-16495 of 2016(O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-16495 of 2016(O&M) Date of decision: 23.11.2016

Jasvir Kaur

..Petitioner

Versus

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. Vijay Rana, 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.8, dated 12.03.2013, registered under Section 406 and 498-A IPC, Police Station NRI, Jalandhar 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 voluntary, without any pressure or coercion and is genuine one. 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 Naresh Kumar 2016.11.28 10:20 I attest to the accuracy and integrity of this document Chandigarh

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CRM-M-16495 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 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

Jasvir Kaur v. State of Punjab & Ors.

Case brief

What is this about?

What did the court decide?

Jasvir Kaur v. State of Punjab & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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