Allowed

Bhajan Singh and Ors. v. State of Haryana and Anr.

Punjab & Haryana HC23 May 2019CRM-M/3202/2019

Case brief

AI extract

What is this about?

The High Court of Punjab & Haryana, exercising its power under Section 482 Cr.P.C., allowed a petition to quash an FIR and subsequent proceedings based on a compromise between the parties, holding that continuing proceedings would be an abuse of process of law.

What did the court decide?

FIR No.0478 dated 30.11.2018 and proceedings emanating therefrom stand quashed qua the petitioners.

Bhajan Singh and Ors. Vs State of Haryana and Anr. — Domestic Violence | Punjab & Haryana HC (2019)

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IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

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Sr. No.: 266

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Criminal Miscellaneous No.M-3202 of 2019

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Date of Decision: May 23, 2019

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Bhajan Singh & others

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..... PETITIONERS

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VERSUS State of Haryana & another

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..... RESPONDENT(S)

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CORAM: HON'BLE MR. JUSTICE RAJ SHEKHAR ATTRI

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PRESENT : - Mr. Nitin Rathour, Advocate, for the petitioners. Mr. Surinder Singh, Assistant Advocate General, Haryana.

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Mr. Gurminder Singh Phull, Advocate, for respondent No.2.

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. . .

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Raj Shekhar Attri, J (Oral)

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By invoking Section 482 Cr.P.C., the petitioners have prayed for quashing of FIR No.0478 dated 3011.2018 under Sections 323,34, 406, 498-A, 506 IPC registered at Police Station, City Mandi Dabwali, District Sirsa and proceedings emanating therefrom, on the basis of compromise (Annexure P-2) arrived at between the parties.

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AVIN KUMAR 2019.05.27 14:33 I attest to the accuracy and integrity of this document

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CRM No.M-3202 of 2019 [2]

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Reply filed in Court today is taken on record. Copy supplied. As per the contents of reply, cancellation report has been recommended in the matter.

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In the present case, FIR was registered on the statement of respondent No.2 – Surinder Kaur. Now, dispute between the parties has been resolved by way of compromise Annexure P-2.

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Vide order dated 25.03.2019, the parties were directed to appear before the trial Court to get their statements recorded with regard to genuineness of compromise.

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Pursuant thereto, a report has been submitted by the Sub Divisional Judicial Magistrate, Dabwali, wherein it has been reported that statements of the parties have been recorded and they have voluntarily compromised the matter, without any coercion or pressure.

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Counsel for the State and respondent No.2 have not disputed that the parties i.e. petitioners and respondent No2 (complainant) have arrived at a settlement with an intent to give burial to their differences.

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Perusal of allegations in the FIR reveals that the present

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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 Cr.P.C. Keeping in view authoritative enunciation of law laid down by Hon’ble the Supreme Court in Gian Singh vs. State of Punjab & another,

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2012(4) RCR (Criminal) 543 and in the light of facts and circumstances discussed hereinabove, this Court is of the considered AVIN KUMAR opinion that continuation of criminal proceedings would amount to 2019.05.27 14:33 I attest to the accuracy and integrity of this document

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CRM No.M-3202 of 2019 [3]

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abuse of process of law and it is expedient in the interest of justice that the same are put to an end.

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For the foregoing reasons, the petition is allowed. FIR No.0478 dated 3011.2018 under Sections 323,34, 406, 498-A, 506 IPC registered at Police Station, City Mandi Dabwali, District Sirsa and proceedings emanating therefrom stand quashed qua the petitioners.

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(Raj Shekhar Attri) May 23, 2019 Judge avin Whether Speaking/ Reasoned: Yes/ No Whether Reportable: Yes/ No

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AVIN KUMAR 2019.05.27 14:33 I attest to the accuracy and integrity of this document

Bhajan Singh and Ors. v. State of Haryana and Anr.

Case brief

What is this about?

What did the court decide?

Bhajan Singh and Ors. v. State of Haryana and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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