CourtKutchehry.com
High CourtsSingle Bench

Parwinder Singh and others vs State of Punjab and another

Punjab And Haryana At Chandigarh · Decided on 19 January 2012 · Citation: (2012) 01 P&H CK 0258

HON’BLE JUDGES
Kanwaljit Singh Ahluwalia, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 482 · Penal Code, 1860 (IPC) — Section 307, 323, 34, 406, 498A
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous No. M 439 of 2012 (O and M)
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

7 paragraphs · 352 words

Kanwaljit Singh Ahluwalia, J.—Present petition has been filed u/s 482 Cr.P.C. seeking quashing of FIR No.264 dated 30.08.2011 (Annexure P-1) registered at Police Station Zirakpur, District S.A.S. Nagar under Sections 307, 498-A, 506, 323 and 34 IPC.

2.

It is a case of matrimonial dispute. A statement of complainant-respondent No.2 Charanjeet Kaur has been recorded separately. The same be read as a part of this order. Along with the present petition, compromise (Annexure P-2) and affidavit (Annexure P-3) filed by complainant Charanjeet Kaur are attached. It is stated by counsel for the petitioners and complainant-respondent No.2 that the parties shall abide by the compromise (Annexure P-2). It has been further brought to my notice that there has been a part performance of the compromise (Annexure P-2) and out of the total amount of Rs. 10.00 lakh agreed to be paid, Rs. 7.00 lakh have already been paid to the aggrieved wife.

3.

Mr. Manjit Singh Uppal, Advocate appearing on behalf of the complainant-respondent No.2, has also filed reply by way of a short affidavit of complainant Charanjeet Kaur. The same is also taken on record.

4.

Counsel for the State has no serious objection in case the impugned FIR is quashed.

5.

It has been held by Hon''ble the Apex Court in ''B.S.Joshi v. State of Haryana'' 2003 (2) RCR (Criminal) 888 that if noncompoundable offence falls under Sections 406 and 498-A IPC, the matter can be disposed of on the basis of compromise to promote peace, amity and cordial relations between the partie s.

6.

A Full Bench of this Court, in ''Kulwinder Singh and others v. State of Punjab and another'', 2007 (3) RCR (Criminal) 1052, has also held that if compromise has been effected between the parties, the Court should quash the FIR, even if the offence is non-compoundable.

7.

In view of the joint prayer made by counsel for the petitioners and the complainant and taking into consideration the ratio of law laid down in B.S. Joshi''s case and Kulwinder Singh''s case (supra), present petition is accepted and the impugned FIR along with all subsequent proceedings is quashed.