The High Court of Punjab and Haryana allowed a petition for quashing of an FIR and consequent proceedings under Section 498-A IPC based on a written compromise reported by the trial court to have been arrived at voluntarily.
FIR No.14 and all consequent proceedings are quashed; parties remain bound by compromise terms.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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CRM-M-19786 of 2016(O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-19786 of 2016(O&M) Date of Order: 15.12.2016
Balwinder Singh and another .Petitioners
Versus
State of Punjab and others
..Respondents
CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY
Present: Ms. Rajni Maurya, Advocate, for Mr. Naveen Batra, Advocate, for the petitioners.
Mr. Deep Singh, AAG, Punjab
None for respondents no.2 and 3.
ANITA CHAUDHRY, J. (Oral)
The instant petition is for quashing of FIR No.14, dated 06.11.2013, registered under Section 498-A IPC, Police Station Women Jagraon, District Ludhiana(R) 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 parties have effected the compromise with their own will and without any coercion or pressure from any corner. The trial court has also sent photocopies of statements of parties.
Learned counsel for the State on instructions submits that
Naresh Kumar 2016.12.16 16:52 I attest to the accuracy and integrity of this document Chandigarh
CRM-M-19786 of 2016(O&M)
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petitioners are the only accused and respondent no.2 is the only aggrieved 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 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 petitioners.
Needless to say that parties shall remain bound by the terms of compromise and their statements made in the Court below.
December 15, 2016 (ANITA CHAUDHRY) nt JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No
Naresh Kumar 2016.12.16 16:52 I attest to the accuracy and integrity of this document Chandigarh
2 issues framed by the court
Whether a criminal petition should be allowed to quash an FIR and consequent proceedings on the basis of a valid compromise between the parties.
Whether the impugned FIR can be quashed to prevent abuse of process or to secure the ends of justice.
Colour shows how this judgement treated each authority
Kulwinder Singh and others v. State of Punjab and another, 2007 (3) RCR (Criminal), 1052Followed¶23
1 provisions across 1 enactments
Balwinder Singh
State of Punjab
Anita Chaudhry
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
