Vikas Shahi Vs. State of Punjab and Another - Court Judgment

SooperKanoon Citationsooperkanoon.com/1062676
CourtPunjab and Haryana High Court
Decided OnJul-17-2013
AppellantVikas Shahi
RespondentState of Punjab and Another
Excerpt:
in the high court of punjab and haryana at chandigarh **** crl. misc. not m-16133 of 2013 date of decision:17.07.2013 vikas shahi .....petitioner versus state of punjab and another .....respondents coram:- hon'ble mr.justice t.p.s.mann present:- mr.anterpreet singh, advocate for the petitioner. mr.gurinderjit singh, dag, punjab. mr.sarabjit singh, advocate for respondent no.2. **** t.p.s.mann, j.(oral) the petitioner against whom fir no.191 dated 4.9.2010 under sections 406 and 498a ipc was registered at police station division no.7 jalandhar has filed the present petition under section 482 cr.p.c for quashing of the same and all the subsequent proceedings in view of the compromise dated 7.5.2013 entered into between the parties. on 15.5.2013, this court while issuing notice, directed the trial court to indicate (i) how many total accused are facing the trial, (ii) status/ stage of the trial/case, (iii) to record the statements of all the concerned parties, with regard to the genuineness and validity or otherwise of the compromise (annexure p-2) between them and (iv) to send its report to this court before the next date of hearing. report has been received from judicial magistrate ist class, crl. misc. not m-16133 of 2013 -2- jalandhar. it has been stated therein that the parties appeared and got their statements recorded that there was a compromise arrived at between them. the compromise was genuinely and validly executed between them. further, respondent no.2 along with her minot child, was residing with the petitioner happily and she did not want to proceed further with the criminal case which had arisen out of fir lodged by her. she has undertaken to withdraw the petition filed under section 125 cr.p.c and also its execution besides the petition filed under the domestic violence act. similarly, the petitioner has agreed to withdraw the petition filed for the custody of the minot child. finally, it has been stated that the facts from the parties were verified and the court was satisfied about the parties having entered into an amicable settlement with their free consent, sweet will and without any threat, pressure or undue influence. the offence under section 498a ipc is non-compoundable. however, taking into consideration the fact that the parties have amicably settled the matter, this court has no other option but to exercise its inherent powers under section 482 cr.p.c and quash the fir and all the proceedings therein. resultantly, the petition is accepted, fir no.191 dated 4.9.2010 under sections 406 and 498a ipc registered at police station division no.7 jalandhar is quashed and all the proceedings taken thereunder are set aside. july 17, 2012 ( t.p.s.mann ) renu judge crl. misc. not m-16133 of 2013 -3-
Judgment:

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Crl.

Misc.

not M-16133 of 2013 Date of Decision:17.07.2013 Vikas Shahi .....Petitioner versus State of Punjab and another .....Respondents CORAM:- HON'BLE Mr.JUSTICE T.P.S.MANN Present:- Mr.Anterpreet Singh, Advocate for the petitioner.

Mr.Gurinderjit Singh, DAG, Punjab.

Mr.Sarabjit Singh, Advocate for respondent No.2.

**** T.P.S.MANN, J.(Oral) The petitioner against whom FIR No.191 dated 4.9.2010 under Sections 406 and 498A IPC was registered at Police Station Division No.7 Jalandhar has filed the present petition under Section 482 Cr.P.C for quashing of the same and all the subsequent proceedings in view of the compromise dated 7.5.2013 entered into between the parties.

On 15.5.2013, this Court while issuing notice, directed the trial Court to indicate (i) how many total accused are facing the trial, (ii) status/ stage of the trial/case, (iii) to record the statements of all the concerned parties, with regard to the genuineness and validity or otherwise of the compromise (Annexure P-2) between them and (iv) to send its report to this Court before the next date of hearing.

Report has been received from Judicial Magistrate Ist Class, Crl.

Misc.

not M-16133 of 2013 -2- Jalandhar.

It has been stated therein that the parties appeared and got their statements recorded that there was a compromise arrived at between them.

The compromise was genuinely and validly executed between them.

Further, respondent No.2 along with her minot child, was residing with the petitioner happily and she did not want to proceed further with the criminal case which had arisen out of FIR lodged by her.

She has undertaken to withdraw the petition filed under Section 125 Cr.P.C and also its execution besides the petition filed under the Domestic Violence Act.

Similarly, the petitioner has agreed to withdraw the petition filed for the custody of the minot child.

Finally, it has been stated that the facts from the parties were verified and the Court was satisfied about the parties having entered into an amicable settlement with their free consent, sweet will and without any threat, pressure or undue influence.

The offence under Section 498A IPC is non-compoundable.

However, taking into consideration the fact that the parties have amicably settled the matter, this Court has no other option but to exercise its inherent powers under Section 482 Cr.P.C and quash the FIR and all the proceedings therein.

Resultantly, the petition is accepted, FIR No.191 dated 4.9.2010 under Sections 406 and 498A IPC registered at Police Station Division No.7 Jalandhar is quashed and all the proceedings taken thereunder are set aside.

July 17, 2012 ( T.P.S.MANN ) renu JUDGE Crl.

Misc.

not M-16133 of 2013 -3-