The High Court of Punjab and Haryana allowed a petition under section 482 CrPC to quash an FIR registered under Sections 498-A, 406, 323, 506 and 34 IPC. The quashing was based on a compromise dated 1.10.2016 deemed voluntary per the Judicial Magistrate's report.
Quashing of FIR No.1208 dated 21.11.2014 qua the petitioners only.
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CRM-M-1289-2017 1
IN THE HIGH COURT OF PUNJAB AND HARYANA, CHANDIGARH.
CRM-M-1289-2017 Date of decision: 17.7.2017
Ravi Gupta and others
...Petitioners
versus
State of Haryana and another
..Respondents
CORAM: HON'BLE MR JUSTICE RAMENDRA JAIN
Present: Mr. Manoj Verma, Advocate, for the petitioners
Mr. Vikash Chopra, DAG, Haryana for respondent no.1.
RAMENDRA JAIN, J. (ORAL)
The petitioners, in the instant petition, under section 482 of the Code of Criminal Procedure, have sought quashing of FIR No.1208 dated 21.11.2014 under sections 498-A, 406, 323, 506 read with section 34 of the Indian Penal Code, registered at Police Station City Gurgaon, on the basis of compromise dated 1.10.2016, Annexure P-2, (wrongly mentioned as 26.10.2016, Annexure P-2, in the petition).
In compliance of order dated 18.1.2017 passed by a co-ordinate Bench of this Court, report from the Judicial Magistrate, 1st Class, Gurugram, vide forwarding letter no.158 dated 27.3.3017, has been received. According to the report submitted by the Judicial Magistrate 1st Class, Gurugram, compromise effected in between the parties appears to be voluntary.
In view of the above report and compromise dated 1.10.2016
Virender Kumar 2017.07.19 10:26 I attest to the accuracy and integrity of this document
CRM-M-1289-2017 2
(Annexure P-2), arrived at between the parties, the instant petition is allowed. Consequently, FIR No.1208 dated 21.11.2014 under sections 498-A,406,323,506 read with section 34 of the Indian Penal Code registered at Police Station City Gurgaon, is quashed qua the petitioners only.
17.7.2017 ( RAMENDRA JAIN ) VK JUDGE
Virender Kumar 2017.07.19 10:26 I attest to the accuracy and integrity of this document
2 issues framed by the court
Whether the High Court can quash the FIR under section 482 CrPC based on a voluntary compromise reached between the parties.
Whether the compromise dated 1.10.2016 is voluntary and genuine based on the Magistrate's report.
1 provisions across 1 enactments
Ravi Gupta and others
State of Haryana
Ramendra Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
