Petition sought quashing of FIR and proceedings under Sections 406, 498-A IPC based on a settled compromise. Trial Court confirmed the compromise was voluntary. High Court quashed proceedings relying on precedent.
FIR No. 115 and all consequent proceedings are quashed qua the petitioners on the basis of a genuine voluntary compromise.
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Crl. Misc. No. M-24155 of 2015
In the High Court of Punjab and Haryana at Chandigarh
Crl. Misc. No. M-24155 of 2015 Date of Decision: 17.05.2016
Charanjit Singh and others
......Petitioners
Versus
State of Punjab and others
.....Respondents
CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY
Present: Mr. Tushant Deep Garg, Advocate for the petitionerss.
Mr. K.S.Aulakh, AAG, Punjab.
Complainant-respondent No. 2 in person along with her brother Harjinder Singh
ANITA CHAUDHRY, J(ORAL)
The instant petition is for quashing of FIR No. 115 dated 02.9.2011 registered under Sections 406, 498-A IPC, Police Station City Samana, District Patiala 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 compromise is genuine, voluntary and without any coercion. The trial Court has also sent 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.
GURPREET SINGH 2016.05.18 14:25 I attest to the accuracy and authenticity of this document High Court Chandigarh
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Crl. Misc. No. M-24155 of 2015
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 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
May 17, 2016 Gurpreet
GURPREET SINGH 2016.05.18 14:25 I attest to the accuracy and authenticity of this document High Court Chandigarh
2 issues framed by the court
Whether FIR and consequent proceedings under Sections 406, 498-A IPC should be quashed based on a genuine voluntary compromise.
Whether the trial Court’s report confirming the authenticity of the compromise justifies quashing criminal proceedings.
Colour shows how this judgement treated each authority
Kulwinder Singh and others Vs. State of Punjab and anotherRelied on¶24
Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052
Gian Singh Vs. State of Punjab and othersAffirmed¶24
Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303 · Who else cites this
Charanjit Singh and others
State of Punjab and others
Anita Chaudhry
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
