The High Court of Punjab & Haryana quashed criminal proceedings arising from a pure matrimonial dispute following a voluntary compromise, relying on settled legal precedents regarding the quashing of FIRs in such cases.
FIR No. 22 dated 8.4.2018 registered under sections 406, 498-A IPC is quashed in its entirety.
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Criminal Misc. No. M-46118 of 2018 (O&M) Date of decision : September 25, 2019
Sakun Narang and others
....Petitioners
versus
The State of Punjab and another
....Respondents
Coram: Hon'ble Mr. Justice Fateh Deep Singh
Present : Mr. Vijay Rana, Advocate, for the petitioners
Ms. Sakshi Bakshi, AAG, Punjab for the State/ respondent no. 1
Mr. BD Sharma, Advocate, for respondent no. 2
Fateh Deep Singh, J. (Oral)
Report dated 8.3.2019 of learned Judicial Magistrate Ist Class, Jalandhar has been received after recording statements of accused Sakun Narang, Gajinder Narang and Pawan Narang as well as complainant Mehak Mehta 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
DALBIR SINGH TIWANA 2019.10.03 13:03 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.
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Criminal Misc. No. M-46118 of 2018 (O&M)
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. 22 dated 8.4.2018 registered at Police Station Women, Jalandhar under sections 406, 498-A IPC and all consequences arising thereof are quashed, qua the present petitioners.
The petition stands allowed in those terms.
( Fateh Deep Singh ) September 25, 2019 Judge 'tiwana'
Whether speaking/reasoned ? Yes/No Whether Reportable ? Yes/No
DALBIR SINGH TIWANA 2019.10.03 13:03 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.
1 issue framed by the court
Whether an application for quashing of proceedings arising from a matrimonial dispute involving compromise should be allowed.
Colour shows how this judgement treated each authority
Gian Singh vs State of Punjab and anotherRelied on¶13
Gian Singh vs State of Punjab and another, 2012 (4) RCR (Criminal) 543
Kulwinder Singh and others vs State of Punjab and anotherRelied on¶13
Kulwinder Singh and others vs State of Punjab and another, 2007(3) RCR (Criminal) 1052
1 provisions across 1 enactments
Sakun Narang and others
The State of Punjab
another
Fateh Deep Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
