The High Court of Punjab & Haryana quashed an FIR and proceedings under Sections 498-A, 406, 494, 120-B IPC, relying on a valid compromise between the parties, holding that continuation of trial would be an abuse of process.
FIR No.37 dated 17.05.2015 and all proceedings therefrom qua the petitioners stand 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 OF PUNJAB & HARYANA, CHANDIGARH Sr. No.: 269
Criminal Miscellaneous No.M-6537 of 2019 Date of Decision: May 23, 2019
Savraj Singh @ Sawraj Singh & others
..... PETITIONERS
VERSUS
State of Punjab & another
..... RESPONDENTS
CORAM: HON'BLE MR. JUSTICE RAJ SHEKHAR ATTRI
PRESENT : - Mr. Tajinder Pal Sigh Makkar, Advocate, for the petitioners.
Mr. V.G. Jauhar, Senior Deputy Advocate General, Punjab.
Mr. Amandeep S. Chahal, Advocate, for Mr. M.S. Atwal, Advocate, for respondent No.2.
Raj Shekhar Attri, J (Oral)
By invoking Section 482 Cr.P.C., the petitioners have prayed for quashing of FIR No.37 dated 17.05.2015 under Sections 498-A, 406, 494, 120-B IPC registered at Police Station, Kabarwala, District Sri Muktsar Sahib and proceedings emanating therefrom, on the basis of compromise (Annexure P-2) arrived at between the parties.
In the present case, FIR was registered at the instance of respondent No.2 – Vimaljit Kaur. Now, dispute between the parties has been resolved by way of compromise Annexure P-2.
Vide order dated 04.04.2019, the parties were directed to appear before the trial Court to get their statements recorded with regard to genuineness of compromise.
AVIN KUMAR 2019.05.27 14:33 I attest to the accuracy and integrity of this document
CRM No.M-6537 of 2019 [2]
Pursuant thereto, a report has been submitted by the Judicial Magistrate Ist Class, Malout, District Sri Muktsar Sahib, 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.
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.
Perusal of allegations in the FIR reveals that the present 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, 2012(4) RCR (Criminal) 543
and in the light of facts and circumstances discussed hereinabove, this Court is of the considered opinion that continuation of criminal proceedings would amount to abuse of process of law and it is expedient in the interest of justice that the same are put to an end.
For the foregoing reasons, the petition is allowed. FIR No.37 dated 17.05.2015 under Sections 498-A, 406, 494, 120-B IPC registered at Police Station, Kabarwala, District Sri Muktsar Sahib and proceedings emanating therefrom stand quashed qua the petitioners.
(Raj Shekhar Attri) May 23, 2019 Judge avin
Whether Speaking/ Reasoned: Yes/ No Whether Reportable: Yes/ No
AVIN KUMAR 2019.05.27 14:33 I attest to the accuracy and integrity of this document
2 issues framed by the court
Whether criminal proceedings under Sections 498-A, 406, 494, 120-B IPC registered at Police Station Kabarwala should be quashed in the light of a valid compromise between the parties.
Whether continuation of the criminal proceedings amounts to abuse of process of law in view of the settlement arrived at by the parties.
Colour shows how this judgement treated each authority
Gian Singh vs. State of Punjab & anotherReferred¶20
Gian Singh vs. State of Punjab & another, 2012(4) RCR (Criminal) 543
2 provisions across 2 enactments
Savraj Singh @ Sawraj Singh & others
State of Punjab
Vimaljit Kaur
Raj Shekhar Attri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
