Shiv Kumar and Others Vs. State of Haryana and Others

Shiv Kumar and Others vs State of Haryana and Others

Type Court Judgment Court Punjab and Haryana Decided Jan 21, 2014

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https://sooperkanoon.com/case/1121991

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Citation: sooperkanoon.com/1121991
Court: Punjab and Haryana High Court
Decided On: Jan 21, 2014
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Shiv Kumar and Others

Respondent

State of Haryana and Others

Excerpt

.....on the basis of written compromise arrived at between the parties. report has been received from trial court after recording statements of the parties along with original statement of all the petitioners and respondent nos.2 and 3 on compromise. the trial court has reported that compromise is voluntary and without any pressure or coercion. learned counsel for the state on instructions from asi kundan submits that respondent nos.2 and 3 were married with petitioner nos.1 and 2 who are the real brother. he further submits that divorce by way of mutual consent has since been granted under section 13(b) of hindu marriage act. he also submits that respondent nos.2 and 3 are the only nitin 2014.01.22 10:59 i attest to the accuracy and integrity of this document crm-m-25412 of 2013 -2- aggrieved persons and petitioners are the only accused in the fir. no useful purpose would be served to keep the fir pending. in view of the statements and report of the trial court and the principles laid down by the full bench judgment of this court in kulwinder singh and others versus state of punjab and another, 2007 (3) rcr (criminal) 1052, approved by hon'ble apex court in gian singh versus state of punjab and others (2012) 10 scc303the instant petition is allowed and the aforesaid f.i.r.and consequent proceedings conducted on the basis thereof for offences under sections 498-a, 406, 34 ipc are quashed. needless to say that parties shall remain bound by the terms of compromise and their statements made in the court below. (r.p.nagrath) judge january 21, 2014 nitin nitin 2014.01.22 10:59 i attest to the accuracy and integrity of this document

Full Judgment

CRM-M-25412 of 2013 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-25412 of 2013 Date of Decision: 21.01.2014 Shiv Kumar and others ......Petitioners versus State of Haryana and others .........Respondents CORAM: HON'BLE Mr.JUSTICE R.P.NAGRATH Present: Mr.Yash Dev Kaushik, Advocate, for the petitioneRs.Mr.Anil Kumar, D.A.G., Haryana, for the State.

***** R.P.NAGRATH, J.

(ORAL) The instant petition is for quashing of F.I.R.No.99 dated 01.04.2006 registered under Sections 498-A, 406, 34 I.P.C.and the consequent proceedings on the basis of written compromise arrived at between the parties.

Report has been received from trial Court after recording statements of the parties along with original statement of all the petitioners and respondent Nos.2 and 3 on compromise.

The trial Court has reported that compromise is voluntary and without any pressure or coercion.

Learned counsel for the State on instructions from ASI Kundan submits that respondent Nos.2 and 3 were married with petitioner Nos.1 and 2 who are the real brother.

He further submits that divorce by way of mutual consent has since been granted under Section 13(B) of Hindu Marriage Act.

He also submits that respondent Nos.2 and 3 are the only Nitin 2014.01.22 10:59 I attest to the accuracy and integrity of this document CRM-M-25412 of 2013 -2- aggrieved persons and petitioners are the only accused in the FIR.

No useful purpose would be served to keep the FIR pending.

In view of the statements and report of the trial Court and the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh and others versus State of Punjab and another, 2007 (3) RCR (criminal) 1052, approved by Hon'ble Apex Court in Gian Singh versus State of Punjab and others (2012) 10 SCC303the instant petition is allowed and the aforesaid F.I.R.and consequent proceedings conducted on the basis thereof for offences under Sections 498-A, 406, 34 IPC are quashed.

Needless to say that parties shall remain bound by the terms of compromise and their statements made in the Court below.

(R.P.NAGRATH) JUDGE January 21, 2014 nitin Nitin 2014.01.22 10:59 I attest to the accuracy and integrity of this document

Same Court & Year Punjab and Haryana · 2014 Same Parties Shiv Kumar and Others vs State of Haryana and Others Same Subject Education