Quashed

Om Parkash & Ors. v. State of Punjab & Anr.

Punjab & Haryana HC11 Dec 2019CRM-M/22635/2016

Case brief

AI extract

What is this about?

The High Court allowed a petition to quash criminal proceedings under Sections 498-A and 307 IPC in a pure matrimonial dispute. The court noted the lack of medical evidence supporting the arson allegations and relied on the learning in Gian Singh and Kulwinder Singh regarding compounding such offences.

What did the court decide?

Proceedings by way of FIR No. 26 dated 1.3.2016 under Sections 498-A and 307 IPC and all consequences arising thereof are quashed.

Om Parkash & Ors. Vs State of Punjab & Anr. — Matrimonial and Divorce | Punjab & Haryana HC (2019)

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Criminal Misc. No. M-22635 of 2016 (O&M)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Criminal Misc. No. M-22635 of 2016 (O&M) Date of decision : December 11, 2019

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Om Parkash and others

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....Petitioners

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versus

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State of Punjab and another ....Respondents

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Coram: Hon'ble Mr. Justice Fateh Deep Singh

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Present : Mr. Vikas Cuccria, Advocate, for the petitioners Mr. Pawan Sharda, Sr. DAG Punjab for the State/ respondent no. 1 Mr. NS Lucky, Advocate, for respondent no. 2

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Fateh Deep Singh, J. (Oral)

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As per the allegations of the complainant contained in the FIR, she raised only claim that the accused lit a match stick and tried to pour oil on her and set her on fire. Learned State counsel fairly concedes at the bar that neither any injury has been received by the complainant nor there is any medical evidence to corroborate these allegations. Moreover, close perusal of the allegations shows that only the match stick has been lighted and therefore, offence under Section 307 IPC apparently is not prima facie made out.

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Report dated 26.8.2016 of learned Judicial Magistrate Ist

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DALBIR SINGH TIWANA 2019.12.20 12:05 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.

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Criminal Misc. No. M-22635 of 2016 (O&M) -2-

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Class, Phillaur has been received after recording statements of accused Om Parkash, Kailash Wati, Sunil Kumar and Kamal Kumar as well as complainant Anita Arora and the learned court has shown its satisfaction that the compromise is an outcome of voluntariness, free will and without any coercion or undue pressure. In the light of the satisfaction shown by the Court and in view of the fact that it is a pure matrimonial dispute and compromise will go a long way in ironing out the differences and for betterment of their future life and in view of the law laid down in Gian Singh vs State of Punjab and another, 2012 (4) RCR (Criminal) 543 and Kulwinder Singh and others vs State of Punjab and another, 2007(3) RCR (Criminal) 1052 and in view of which the prayer made in the petition is allowed, proceedings by way of FIR No. 26 dated 1.3.2016 under sections 498-A, 307 IPC, registered at Police Station Goraya, District Jalandhar and all consequences arising thereof are quashed, qua the present petitioners.

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The petition stands allowed in those terms.

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( Fateh Deep Singh )

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December 11, 2019 Judge 'tiwana' Whether speaking/reasoned ? Yes/No Whether Reportable ? Yes/No

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DALBIR SINGH TIWANA 2019.12.20 12:05 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.

Om Parkash & Ors. v. State of Punjab & Anr.

Case brief

What is this about?

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Om Parkash & Ors. v. State of Punjab & Anr.

Case brief

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What did the court decide?

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