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Ajay Kumar and Ors. v. State of Punjab and Ors.

Punjab & Haryana HC23 May 2017CRM-M/12422/2017

Case brief

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What is this about?

A two-judge bench of the Punjab and Haryana High Court quashed an FIR registered under Section 498-A IPC based on a settlement reached between spouses. The court relied on a Judicial Magistrate's report confirming the genuineness of the compromise and cited relevant Supreme Court precedents to end the litigation.

What did the court decide?

The FIR No.94 dated 23.07.2016 under Section 498-A IPC and all subsequent proceedings arising therefrom are quashed.

Ajay Kumar and Ors. Vs State of Punjab and Ors. — Cheating and Forgery | Punjab & Haryana HC (2017)

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CRM-M-12422-2017 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-12422-2017 (O&M) Date of Decision:- 23.05.2017

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Ajay Kumar 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. R.S. Chauhan, Advocate, for the petitioners.

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Ms. Anmol Grewal, DAG, Punjab.

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Mr. Naresh Chander, Advocate for respondent Nos.2 and 3.

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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.94 dated 23.07.2016, under Section 498-A, registered at Police Station Garhshankar, District Hoshiarpur, on the basis of compromise dated 21.09.2016 (Annexure P-2).

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Brief facts of the case are that marriage between petitioner No.1 and respondent No.3 was solemnized on 08.06.2008. 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 21.09.2016 (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

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Naresh Kumar 2017.06.12 13:23 I attest to the accuracy and integrity of this document Chandigarh

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CRM-M-12422-2017 (O&M) -2-

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the genuineness and validity or otherwise of the compromise dated 21.09.2016 (Annexure P-2), by way of order dated 18.04.2017, by this Court.

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In compliance of order dated 18.04.2017 of this Court, the report of the Sub-Divisional Judicial Magistrate, Garhshankar dated 21.04.2017 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.94 dated 23.07.2016, under Section 498-A, registered at Police Station Garhshankar, District Hoshiarpur and all the subsequent proceedings arising therefrom are hereby quashed, on the basis of compromise dated 21.09.2016 (Annexure P-2).

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The present petition stands disposed of.

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May 23, 2	017		(RITU BAHRI )
naresh.k			JUDGE
	Whether speaking/reasoned	Yes
	Whether reportable	No

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Naresh Kumar 2017.06.12 13:23 I attest to the accuracy and integrity of this document Chandigarh

Ajay Kumar and Ors. v. State of Punjab and Ors.

Case brief

What is this about?

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Ajay Kumar and Ors. v. State of Punjab and Ors.

Case brief

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