The High Court of Punjab and Haryana allowed a petition for quashing an FIR under Sections 406, 498-A, and 323 IPC. The court relied on a compromise recorded by the lower court, finding it voluntary, and applied the Full Bench judgment in Kulwinder Singh.
FIR No.183 dated 18.10.2010 and all subsequent proceedings are quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
In the High Court for the States of Punjab and Haryana At Chandigarh
CRM-M-1110-2018 (O&M) Date of Decision:-18.9.2019
Gundeep Singh … Petitioner
Versus
State of Punjab and another
... Respondents
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present:Mr. Suneet Pal Singh Aulakh, Advocate for the petitioner. Ms. Rashmi Attri, Assistant Advocate General, Punjab, assisted by SI Jaswinder Singh.
GURVINDER SINGH GILL, J .(Oral)
The petitioner has approached this Court seeking quashing of FIR No.183 dated 18.10.2010 registered at Police Station Model Town, Ludhiana under Sections 406, 498-A and 323 of Indian Penal Code, 1860 and all subsequent proceedings emanating therefrom on the basis of a compromise having been effected between the parties.
Vide order dated 27.11.2018, the parties had been directed to appear before the First Appellate Court so as to get their statements recorded qua the factum of compromise.
Report of learned Additional District & Sessions Judge, Ludhiana has been received, wherein it has been reported that statements of petitioner/accused Gundeep Singh and also of complainant Ravdeep Kaur
Pankaj Kakkar 2019.09.18 17:41 I attest to the accuracy and integrity of this document
( 2 ) CRM-M-1110-2018 (O&M)
have been recorded to the effect that they have compromised the matter amongst themselves and they have no objection in case the FIR is quashed.
The learned Additional District & Sessions Judge, Ludhiana has specifically opined that the parties have entered into compromise voluntarily without there being any pressure, coercion or undue influence.
In view of the aforesaid compromise and bearing in mind the law laid down by Full Bench of this Court in 2007(3) RCR (Crl.) 1052 Kulwinder Singh and others Vs. State of Punjab , the present petition is allowed and FIR No.183 dated 18.10.2010 registered at Police Station Model Town, Ludhiana under Sections 406, 498-A and 323 of Indian Penal Code, 1860 and all subsequent proceedings emanating therefrom are hereby quashed qua petitioner.
18.9.2019 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No
Pankaj Kakkar 2019.09.18 17:41 I attest to the accuracy and integrity of this document
2 issues framed by the court
Whether the FIR can be quashed on the basis of a voluntary compromise between parties.
Validity of the compromise order recorded by Additional District & Sessions Judge, Ludhiana.
Colour shows how this judgement treated each authority
Kulwinder Singh and others Vs. State of PunjabApplied¶18
2007(3) RCR (Crl.) 1052 Kulwinder Singh and others Vs. State of Punjab
1 provisions across 1 enactments
Gundeep Singh
State of Punjab
Gurvinder Singh Gill
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
