Petitioner sought quashing of an FIR under Sections 406, 498-A IPC pursuant to a compromise. Relying on JMIC and DSP reports confirming free settlement and no other accused, the High Court allowed the petition and quashed the FIR.
FIR No.7 dated 02.11.2015 and all proceedings arising therefrom were quashed.
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CRM-M-41427-2020
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-41427-2020 Date of Decision: 19.03.2021
Pardeep Kumar
....Petitioner
Versus
State of Punjab and another .....Respondents
CORAM: HON’BLE MR. JUSTICE AMOL RATTAN SINGH
Present : Mr. Naresh Kumar , Advocate, for the petitioner.
Mr. Sandeep Singh Deol, DAG, Punjab.
Mr. Mandeep Kumar Dhot, Advocate, for respondent no.2.
AMOL RATTAN SINGH, J. (Oral)
By this petition, the petitioners seek quashing, on the basis of a compromise arrived at between the petitioner and respondent no.2, of FIR no.7 dated 02.11.2015, registered at Police Station NRI, District Hoshiarpur, for the alleged commission of offences punishable under Sections 406, 498A of the IPC, as also all other subsequent proceedings arising therefrom. A copy of the compromise deed has been annexed as Annexure P-3 with the petition.
Pursuant to the order of this court dated 21.12.2020, a report of the learned JMIC, dated 08.01.2021, has been received, stating therein that the complainant (respondent no.2), Balvinder Kaur, as also the petitioner, i.e. Pardeep Kumar (wife and husband respectively), appeared before that court, with the complainant having made a statement admitting to the VIRENDRA SINGH ADHIKARI compromise; and as per the assessment of that court, the compromise has 2021.03.22 10:24 I attest to the accuracy and integrity of this document
CRM-M-41427-2020
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been entered into of the free will of the parties without any pressure or coercion. A similar statement of the petitioner also has been recorded by that court.
It has also been stated therein that as per the report of the DSP, Sub-Division NRI, Jalandhar, there is no other criminal case registered against the petitioner.
It has also been stated that there is no other person found to be involved in the alleged commission of the offences, whose consent would be required for quashing the FIR (if this court considers it appropriate to do so).
That being so, looking at the nature of offences involved, with the matter having been amicably settled between the parties, the petition is allowed and FIR no.7, dated 02.11.2015, registered at Police Station NRI, District Hoshiarpur, for the alleged commission of offences punishable under Sections 406, 498-A of the IPC, along with all proceedings emanating therefrom, is hereby quashed.
| (AMOL | RATTAN SINGH) | |
|---|---|---|
| 19.03.2021 | JUDGE | |
| adhikari | ||
| Whether speaking/non-speaking | : Yes/No |
|
| Whether reportable | : Yes/No |
VIRENDRA SINGH ADHIKARI 2021.03.22 10:24 I attest to the accuracy and integrity of this document
2 issues framed by the court
Whether the FIR registered under Sections 406, 498-A IPC is maintainable in view of a compromise arranged between the parties.
Whether the trial court's report regarding the free will of parties in the compromise justifies quashing the proceedings.
2 provisions across 2 enactments
Pardeep Kumar
State of Punjab
Balvinder Kaur
Amol Rattan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
