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Vijaypal Singh & Ors. v. State of Punjab & Anr.

Punjab & Haryana HC21 Nov 2016CRM-M/30821/2016

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana quashed an FIR under Sections 406 and 498-A IPC registered for dowry harassment. Based on an oral report confirming an amicable settlement and recording of statements, the Court concluded that no useful purpose would be served by continuing proceedings.

What did the court decide?

FIR No.147 dated 18.05.2015 and all subsequent proceedings arising therefrom quashed on the basis of compromise dated 26.08.2016.

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

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CRM-M-30821-2016

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-30821-2016 Date of Decision:- 21.11.2016

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Vijay Pal Singh and others

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....Petitioners

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Versus

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State of Punjab and another

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....Respondents

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CORAM: HON'BLE MS. JUSTICE RITU BAHRI

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Present: Mr. Karanjit Singh, Advocate, for the petitioners.

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Mr. APS Gill, AAG, Punjab.

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Mr. J.S. Gill, Advocate for respondent No.2.

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RITU BAHRI, J. (Oral)

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Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.147 dated 18.05.2015, under Sections 406 and 498-A IPC, registered at Police Station Patti, District Tarn Taran, on the basis of compromise dated 26.08.2016 (Annexure P-2).

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Brief facts of the case are that the marriage of complainant was solemnized with petitioner No.1 Vijay Pal Singh on 08.04.2015. The parents of the complainant had given dowry according to their capacity. After the marriage, the behavior of the accused became changed and they started taunting to the complainant on account of demand of dowry. Thereafter, due to incompatibility of temperament, both the parties could not live together as husband and wife. The relationship between them became strained and thereafter, the F.I.R was registered against the petitioners.

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Learned counsel for the petitioners submits that keeping in view the peace and harmony, the matter has now been amicably settled

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Naresh Kumar 2016.11.30 14:41 I attest to the accuracy and integrity of this document Chandigarh

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CRM-M-30821-2016 -2-

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between the parties with the intervention of respectable persons, vide compromise dated 26.08.2016 (Annexure P-2).

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During the course of preliminary hearing, the trial Court, was directed to record the statements of all the concerned parties, with regard to the genuineness and validity or otherwise of the compromise dated 26.08.2016 (Annexure P-2), by way of order dated 02.09.2016, by this Court.

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In compliance of order dated 02.09.2016 of this Court, the report of the Sub-Divisional Judicial Magistrate, Patti, dated 17.09.2016 has been received. As per the report, the statements of all the concerned parties have been recorded and the complainant has no objection, if the present FIR registered against the petitioners is quashed. Statements of the petitioners and complainant have been recorded to the same effect.

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Consequently, in view of the above-said report and in view of the judgments of the Hon'ble Supreme Court in Dr. Arvind Barsaul etc. Vs. State of Madhya Pradesh and another, 2008(2) RCR (Criminal) 910; Madan Mohan Abbot vs. State of Punjab, 2008(2) RCR (Criminal) 429 and the law laid down by the Full Bench of this Court in the case of Kulwinder Singh and Ors. vs. State of Punjab and another, 2007(3) RCR (Crl.) 1052 , no useful purpose would be served in prolonging the litigation.

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Accordingly, FIR No.147 dated 18.05.2015, under Sections 406 and 498-A IPC, registered at Police Station Patti, District Tarn Taran and all the subsequent proceedings arising therefrom are hereby quashed, on the basis of compromise dated 26.08.2016 (Annexure P-2).

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The present petition stands disposed of.

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November 21, 2016

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naresh.k

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( RITU BAHRI ) JUDGE

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Whether speaking/reasoned	Yes
Whether reportable	No

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Naresh Kumar 2016.11.30 14:41 I attest to the accuracy and integrity of this document Chandigarh

Vijaypal Singh & Ors. v. State of Punjab & Anr.

Case brief

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Vijaypal Singh & Ors. v. State of Punjab & Anr.

Case brief

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