Allowed

Rajinder Singh and Others v. State of Punjab and Another

Punjab & Haryana HC25 Nov 2021CRM-M/26756/2021

Case brief

AI extract

What is this about?

Petitioners sought quashing of an FIR and consequential proceedings alleging marital discord under Section 482 Cr.PC. The Court recorded a JMIC report confirming a voluntary compromise and allowed the petition, quashing the proceedings based on Supreme Court and Full Bench guidelines.

What did the court decide?

FIR No.22 dated 21.08.2020 under Sections 406 and 498-A IPC and all consequential proceedings are quashed.

Rajinder Singh and Others Vs State of… — Matrimonial and Divorce | Punjab & Haryana HC (2021)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-26756-2021 (O&M) Decided on : 25.11.2021

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Rajinder Singh & ors.

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...... Petitioners

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Versus

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State of Punjab & another

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...... Respondents

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CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

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Present : Mr. Mohit Jaggi, Advocate for the petitioners.

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Mr. Luvinder Sofat, AAG, Punjab.

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Mr. A.P.S.Rehan, Advocate for respondent No.2.

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Manjari Nehru Kaul, J.(Oral)

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Instant petition has been filed under Section 482 Cr.PC for quashing of FIR No.22 dated 21.08.2020 under Sections 406 and 498-A IPC registered at Police Station NRI, SAS Nagar, District Mohali and all the consequential proceedings arising out of the same, on the basis of compromise (Annexure P-2) arrived at, between the parties.

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Learned counsel for the petitioners submits that on account of a marital discord between petitioner no.2 and the complainant, FIR in question was registered against the petitioners. He further submits that subsequently the matter stands amicably resolved between the parties.

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Vide order dated 25.08.2021 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 24.09.2021 to get their respective statements recorded regarding the compromise arrived at, between them.

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SONIA BURA 2021.11.25 15:44 I attest to the accuracy and integrity of this document chandigarh

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CRM-M-26756-2021

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-2-

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Report dated 28.10.2021 has since been received from the JMIC, Mohali in pursuance to the direction of this Court. As per the report, compromise has indeed been effected between the parties and the same is without any pressure or coercion and out of their free will. The trial Court has annexed the photocopies of the statement of the parties alongwith its report.

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Learned State counsel also submits that there are no other accused other than the petitioners and the respondent is the only aggrieved person in the FIR in question.

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In view of the report of the learned JMIC, Mohali and the principles laid down by the Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303 , and also by the Full Bench of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052 , the instant petition(s) is allowed. The aforesaid FIR along with all consequential proceedings arising out of them, are quashed.

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Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below.

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25.11.2021 (MANJARI NEHRU KAUL) sonia JUDGE Whether speaking/reasoned: Yes/No Whether reportable : Yes/No

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SONIA BURA 2021.11.25 15:44 I attest to the accuracy and integrity of this document chandigarh

Rajinder Singh and Others v. State of Punjab and Another

Case brief

What is this about?

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Rajinder Singh and Others v. State of Punjab and Another

Case brief

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What did the court decide?

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