Allowed

Santokh Singh v. State of Punjab and Anr.

Punjab & Haryana HC14 Dec 2016CRM-M/5058/2016

Case brief

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What is this about?

In Crl. Misc. No. M-5058 of 2016, the High Court of Punjab and Haryana allowed a petition to quash an FIR under Section 498-A IPC and consequent proceedings. The court relied on the trial court's finding of a genuine compromise and precedent to quash the matter against the petitioner alone.

What did the court decide?

FIR No. 107 dated 12.10.2015 and all consequent proceedings conducted on the basis thereof are quashed qua the petitioner.

Santokh Singh Vs State of Punjab and Anr. — Cheque Dishonour | Punjab & Haryana HC (2016)

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Crl. Misc. No. M-5058 of 2016

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In the High Court of Punjab and Haryana at Chandigarh

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Crl. Misc. No. M-5058 of 2016 Date of Decision: 14.12.2016

Santokh 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: Ms. Kamlesh, Advocate for Mr. Parminder Singh, Advocate for the petitioner.

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Mr. Deep Singh, AAG, Punjab.

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None 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. 107 dated 12.10.2015 registered under Sections 498-A IPC, Police Station Mahilpur, District Hoshiarpur (Annexure P-1) and all 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 genuine. The trial Court has also sent the copy of the statements of the parties.

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Learned counsel for the State on instructions submits that petitioner is the only accused and respondent No. 2 is the only aggrieved person in this FIR.

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Gurpreet Singh Bhatia 2016.12.16 10:08 I attest to the accuracy and authenticity of this document High Court Chandigarh

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Crl. Misc. No. M-5058 of 2016

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No useful purpose would be served to keep the FIR 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 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 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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(ANITA CHAUDHRY) JUDGE

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December 14, 2016 Gurpreet Whether speaking/reasoned : Yes Whether reportable : No

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Gurpreet Singh Bhatia 2016.12.16 10:08 I attest to the accuracy and authenticity of this document High Court Chandigarh

Santokh Singh v. State of Punjab and Anr.

Case brief

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Santokh Singh v. State of Punjab and Anr.

Case brief

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