Petitioners sought quashing of an FIR under Sections 406 and 498-A IPC based on a genuine compromise. The High Court, relying on trial court reports and precedents, allowed the petition and quashed the FIR and consequent proceedings.
FIR No. 110 dated 14.12.2011 and all consequent proceedings are quashed qua the petitioners.
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Crl. Misc. No. M-228 of 2016 (O&M)
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In the High Court of Punjab and Haryana at Chandigarh
Crl. Misc. No. M-228 of 2016 (O&M) Date of Decision: 03.8.2016
Sukhjit Kumar and others
......Petitioners
Versus
State of Punjab and another
.....Respondents
CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY
Present: Mr. Shivoy Dhir, Advocate for the petitioners.
Mr. V.P.S.Sidhu, AAG, Punjab.
None for respondent No. 2. ****
ANITA CHAUDHRY, J(ORAL)
The instant petition is for quashing of FIR No. 110 dated 14.12.2011 registered under Sections 406, 498-A IPC, Police Station Rahon, District SBS Nagar 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. Costs imposed have been deposited with the District Legal Services Authority. The trial Court has reported that the compromise is genuine. The trial Court has also sent copy of the statements of parties.
Learned counsel for the State on instructions submits that 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.
GURPREET SINGH 2016.08.05 14:58 I attest to the accuracy and authenticity of this document High Court Chandigarh
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Crl. Misc. No. M-228 of 2016 (O&M)
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.
Needless to say that parties shall remain bound by the terms of compromise and their statements made in the Court below.
(ANITA CHAUDHRY) JUDGE August 03, 2016 Gurpreet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No
GURPREET SINGH 2016.08.05 14:58 I attest to the accuracy and authenticity of this document High Court Chandigarh
2 issues framed by the court
Whether the FIR registered under Sections 406 and 498-A IPC and consequent proceedings should be quashed in light of a genuine compromise.
Whether the Full Bench judgment in Kulwinder Singh and the approved decision in Gian Singh supports quashing the proceedings.
Colour shows how this judgement treated each authority
Kulwinder Singh and others Vs. State of Punjab and anotherRelied on¶21
Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052
Gian Singh Vs. State of Punjab and othersReferred¶21
Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303 · Who else cites this
1 provisions across 1 enactments
Sukhjit Kumar and others
State of Punjab
Anita Chaudhry
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
