Quashed

Rajesh Gupta & Ors. v. State of Punjab & Ors.

Punjab & Haryana HC24 May 2017CRM-M/11006/2017

Case brief

AI extract

What is this about?

This order quashes an FIR registered under Sections 406 and 498-A IPC. The court relied on a compromise dated 03.02.2017, a Metropolitan Magistrate's report confirming its validity, and relevant Supreme Court precedents holding that no useful purpose would be served by prolonging the litigation.

What did the court decide?

FIR No. 135 dated 11.10.2016 and all subsequent proceedings arising therefrom are quashed based on the compromise dated 03.02.2017.

Rajesh Gupta & Ors. Vs State of Punjab & Ors. — Dowry and Cruelty | Punjab & Haryana HC (2017)

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CRM-M-11006-2017

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-11006-2017 Date of Decision:- 24.05.2017

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Rajesh Gupta and others

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....Petitioners

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Versus

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State of Punjab and others

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....Respondents

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CORAM: HON'BLE MS. JUSTICE RITU BAHRI

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Present: Mr. Sachin Sharma, Advocate, for the petitioners.

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Mr. APS Gill, AAG, Punjab.

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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.135 dated 11.10.2016, under Sections 406 and 498-A IPC, registered at Police Station City Batala, on the basis of compromise dated 03.02.2017 (Annexure P-2).

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Brief facts of the case are that marriage between petitioner No.1 and respondent No.2 was solemnized on 22.02.2014, according to Hindu Rites and Rituals. Out of the said wedlock, no child was born. 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 between the parties with the intervention of respectable persons, vide compromise dated 03.02.2017 (Annexure P-2).

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Naresh Kumar 2017.05.30 16:38 I attest to the accuracy and integrity of this document Chandigarh

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CRM-M-11006-2017

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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 03.02.2017 (Annexure P-2), by way of order dated 31.03.2017, by this Court.

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In compliance of order dated 31.03.2017 of this Court, the report of the Sub-Divisional Judicial Magistrate, Batala dated 01.05.2017 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.135 dated 11.10.2016, under Sections 406 and 498-A IPC, registered at Police Station City Batala and all the subsequent proceedings arising therefrom are hereby quashed, on the basis of compromise dated 03.02.2017 (Annexure P-2).

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The present petition stands disposed of.

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May 24, 2017 naresh.k

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Whether speaking/reasoned	Yes
Whether reportable	No

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Naresh Kumar 2017.05.30 16:38 I attest to the accuracy and integrity of this document Chandigarh

Rajesh Gupta & Ors. v. State of Punjab & Ors.

Case brief

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Rajesh Gupta & Ors. v. State of Punjab & Ors.

Case brief

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