Allowed

Gurmej Singh v. State of Punjab and Anr.

Punjab & Haryana HC24 Oct 2016CRM-M/23008/2016

Case brief

AI extract

What is this about?

This order allowed a petition for quashing an FIR under Sections 406 and 498-A IPC and consequent proceedings. Based on a trial court report confirming a genuine compromise between parties with free consent, the High Court quashed the case, citing precedents on quashing FIRs upon settlement.

What did the court decide?

The FIR No.63 and all consequent proceedings arising out thereof were quashed qua the petitioner.

Gurmej Singh Vs State of Punjab and Anr. — Dowry and Cruelty | Punjab & Haryana HC (2016)

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CRM-M-23008 of 2016(O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-23008 of 2016(O&M) Date of Order:24.10.2016

Gurmej Singh

..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. K.S.Brar, Advocate, for Mr. S.P.S.Sidhu, Advocate, for the petitioner.

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Mr. V.P.S.Sidhu, AAG, Punjab.

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Mr. Rajesh Sharma, 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.63, dated 11.03.2008, registered under Sections 406 and 498-A IPC, Police Station Haibowal, Ludhiana and 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 with their free consent and without any inducement or threat of any person. The trial court has also sent original statements of parties.

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Learned counsel for the State on instructions submits that

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Naresh Kumar 2016.10.26 10:20FIR against the other three accused, namely, Baldev Singh, Surinder I attest to the accuracy and integrity of this document Chandigarh

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CRM-M-23008 of 2016(O&M)

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Singh and Balwinder Kaur has already been quashed on the basis of a compromise vide order dated 26.08.2013, passed in CRM-M-16065 of 2013.

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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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October 24, 2016 (ANITA CHAUDHRY) nt JUDGE

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Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

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Naresh Kumar 2016.10.26 10:20 I attest to the accuracy and integrity of this document Chandigarh

Gurmej Singh v. State of Punjab and Anr.

Case brief

What is this about?

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Gurmej Singh v. State of Punjab and Anr.

Case brief

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