The High Court quashed the FIR under Section 482 Cr.P.C. accepting a valid compromise deed between parties in a matrimonial dispute, deeming prolonged litigation useless.
FIR No.97 dated 03.10.2015 under Sections 406 and 498-A IPC and subsequent proceedings are quashed.
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CRM-M-11540-2017
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-11540-2017 Date of Decision:- 18.05.2017
Vikas Bajwa and another
....Petitioners
Versus
State of Punjab and others
....Respondents
CORAM: HON'BLE MS. JUSTICE RITU BAHRI
Present: Mr. Gaurav Sethi, Advocate for the petitioners.
Mr. APS Gill, AAG, Punjab.
Mr. S.S. Behl, Advocate for respondent Nos.2 and 3.
RITU BAHRI, J. (Oral)
Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.97 dated 03.10.2015, under Sections 406 and 498-A IPC, registered at Police Station Women Cell, Ludhiana, on the basis of compromise/settlement deed dated 08.03.2017 (Annexure P-2).
Brief facts of the case are that marriage between petitioner No.1 and respondent No.2 was solemnized on 21.11.2007, according to Hindu Rights and Rituals. From the said wedlock, one son, namely, Saksham Bajwa was born on 14.07.2009. 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.
Learned counsel for the petitioners submits that keeping in view the peace and harmony, the matter has now been amicably settled between the parties, on the basis of compromise/settlement deed dated 08.03.2017 (Annexure P-2).
Naresh Kumar 2017.06.02 15:41 I attest to the accuracy and integrity of this document Chandigarh
CRM-M-11540-2017
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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/settlement deed dated 08.03.2017 (Annexure P-2), by way of order dated 05.04.2017, by this Court.
In compliance of order dated 05.04.2017 of this Court, the report of the Judicial Magistrate 1st Class, Ludhiana, dated 17.05.2017 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.
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.
Accordingly, FIR No.97 dated 03.10.2015, under Sections 406 and 498-A IPC, registered at Police Station Women Cell, Ludhiana and all the subsequent proceedings arising therefrom qua petitioner are hereby quashed, on the basis of compromise/settlement deed dated 08.03.2017 (Annexure P-2).
The present petition stands disposed of.
May 18, 2017 ( RITU BAHRI ) naresh.k JUDGE
| Whether speaking/reasoned | Yes |
|---|---|
| Whether reportable | No |
Naresh Kumar 2017.06.02 15:41 I attest to the accuracy and integrity of this document Chandigarh
1 issue framed by the court
Whether the FIR registered under Sections 406 and 498-A IPC can be quashed on the basis of a compromise deed.
Colour shows how this judgement treated each authority
Dr. Arvind Barsaul etc. Vs. State of Madhya Pradesh and anotherExplained¶24
Dr. Arvind Barsaul etc. Vs. State of Madhya Pradesh and another, 2008(2) RCR (Criminal) 910
Madan Mohan Abbot Vs. State of PunjabExplained¶24
Madan Mohan Abbot Vs. State of Punjab, 2008(2) RCR (Criminal) 429
Kulwinder Singh and Ors. vs. State of Punjab and anotherExplained¶24
Kulwinder Singh and Ors. vs. State of Punjab and another, 2007(3) RCR (Crl.) 1052
1 provisions across 1 enactments
Vikas Bajwa and another
State of Punjab and others
RITU BAHRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
