Allowed

Rajat Sethi and Ors. v. State of Punjab and Anr.

Punjab & Haryana HC11 Feb 2019CRM-M/29331/2018

Case brief

AI extract

What is this about?

Acting on a report showing a voluntary compromise in a pure matrimonial dispute, the Court quashed proceedings under Sections 406, 498-A, and 120-B IPC and directed the release of passports for two respondents.

What did the court decide?

FIR under sections 406, 498-A, and 120-B IPC quashed; petition allowed; petition for withdrawal of petitioner no. 1 allowed and dismissed as withdrawn.

Rajat Sethi and Ors. Vs State of Punjab and… — Matrimonial and Divorce | Punjab & Haryana HC (2019)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Criminal Misc. No. M-29331 of 2018(O&M) Date of decision : February 11, 2019

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Rajat Sethi and others

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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 Mr. Justice Fateh Deep Singh

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Present : Mr. Amit Aggarwal, Advocate, for the petitioners Mr. Rakeshinder Singh Sidhu, AAG, Punjab for the State/ respondent no. 1

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Mr. Sanjeev Soni, Advocate, for the complainant/respondent no. 2

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Fateh Deep Singh, J. (Oral)

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Learned counsel for the petitioner has made statement withdrawing the present petition qua petitioner no. 1-Rajat Sethi. Allowed to do so. Dismissed as withdrawn qua petitioner no. 1. Note to this effect be given in the file.

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Report dated 21.9.2018 of learned Judicial Magistrate Ist Class, SAS Nagar, Mohali has been received after recording statements of accused Prem Parkash Sethi and Raj Rani Sethi as well as complainant Komal Sharma 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

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DALBIR SINGH TIWANA 2019.02.28 17:11 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.

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Criminal Misc. No. M-29331 of 2018(O&M) -2-

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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 more-so the offences for which the accused have been booked are not of very serious nature 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. 15 dated 25.11.2016 registered at Police Station NRI, SAS Nagar, Mohali under sections 406, 498-A, 120-B IPC and all consequences arising thereof are quashed, qua petitioners no. 2 and 3 namely Prem Parkash Sethi and Raj Rani Sethi.

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The Investigating Officer is directed to release the passports of petitioners no. 2 and 3 namely Prem Parkash Sethi and Raj Rani, if does not require otherwise, in accordance with the rules.

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The petition stands allowed in those terms.

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( Fateh Deep Singh ) February 11, 2019 Judge 'tiwana' Whether speaking/reasoned ? Yes/No Whether Reportable ? Yes/No

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DALBIR SINGH TIWANA 2019.02.28 17:11 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.

Rajat Sethi and Ors. v. State of Punjab and Anr.

Case brief

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Rajat Sethi and Ors. v. State of Punjab and Anr.

Case brief

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