Allowed

Jagjit Singh and Anr. v. State of Punjab and Anr.

Punjab & Haryana HC22 May 2017CRM-M/14050/2017

Case brief

AI extract

What is this about?

The High Court exercised its inherent power under Section 482 CrPC to quash an FIR alleging offences under IPC Sections 498-A, 406, 326, 323 and Section 34. Relying on the Gian Singh precedent and facts showing a voluntary compromise intended to bury differences and live in peace, the Court held that continuation of proceedings would be an abuse of process.

What did the court decide?

FIR No.30 dated 28.08.2016 and proceedings emanating therefrom are quashed qua the petitioners.

Jagjit Singh and Anr. Vs State of Punjab and Anr. — Punjab & Haryana HC (2017) — LawSathi Research

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CRM No.M-14050 of 2017

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM No.M-14050 of 2017 Decided on: 22.05.2017

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Jagjit Singh and another

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....Petitioners

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Versus

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State of Punjab and another

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....Respondents

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CORAM: HON'BLE MRS JUSTICE REKHA MITTAL

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Present : Mr. Rahul Sharma-I, Advocate for the petitioners.

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Mr. Ankur Jain, AAG, Punjab.

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Mr. Kuldeep Sanwal, Advocate for respondent No.2.

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REKHA MITTAL, J. (Oral)

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The petitioners have prayed for quashing of FIR No.30 dated 28.08.2016, for offence under Sections 498-A, 406, 326, 323 read with Section 34 of the Indian Penal Code (in short 'IPC') registered in Police Station Bhaini Mian Khan, District Gurdaspur on the basis of compromise dated (Annexure P2) effected between the parties.

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The parties were directed to appear before the Illaqa Magistrate on 01.05.2017 to get their statements recorded with regard to genuineness of compromise.

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A report has been submitted by the Judicial Magistrate Ist Class, Gurdaspur, wherein it has been reported that statements of the petitioners and respondents No.2 have been recorded and statements made by the parties in the Court reveal that they have voluntarily entered into a compromise with an intention to live in peace and harmony.

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Counsel for the State assisted by counsel for the

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Mohd. Yakub 2017.05.25 16:38 I attest to the accuracy and authenticity of this document Chandigarh

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CRM No.M-14050 of 2017 2

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complainant has not disputed that the parties have arrived at a settlement with an intent to give burial to their differences.

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I have heard counsel for the parties and perused the case

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file.

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Perusal of allegations in the FIR reveals that the present case squarely falls in the category of cases that can be quashed by the High Court, in exercise of its inherent power under Section 482 of the Code. Keeping in view authoritative enunciation of law laid down by Hon'ble the Supreme Court of India in “Gian Singh vs State of Punjab and another”, 2012(4) R.C.R. (Criminal) 543 and in the light of facts and circumstances of the present case, this Court is of the considered opinion that continuation of criminal proceedings would amount to abuse of process of law and it is expedient in the interest of justice that criminal proceedings are put to an end.

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In view of what has been discussed hereinabove, the petition is allowed and FIR No.30 dated 28.08.2016, for offence under Sections 498-A, 406, 326, 323 read with Section 34 IPC registered in Police Station Bhaini Mian Khan, District Gurdaspur and proceedings emanating therefrom are ordered to be quashed qua the petitioners.

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22.05.2017 (REKHA MITTAL) yakub JUDGE Whether speaking/reasoned Yes/No Whether reportable: Yes/No

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Mohd. Yakub 2017.05.25 16:38 I attest to the accuracy and authenticity of this document Chandigarh

Jagjit Singh and Anr. v. State of Punjab and Anr.

Case brief

What is this about?

What did the court decide?

Jagjit Singh and Anr. v. State of Punjab and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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