Shakti Kkumar Mahajan and Another Vs. State of Punjab and Another - Court Judgment

SooperKanoon Citationsooperkanoon.com/1069006
CourtPunjab and Haryana High Court
Decided OnMar-06-2013
AppellantShakti Kkumar Mahajan and Another
RespondentState of Punjab and Another
Excerpt:
crm not m-1651 o”1. in the high court of punjab and haryana at chandigarh crl. misc. not m- 1651 of 2013(o&m) date of decision: march 6, 2013. shakti kkumar mahajan and another .....petitioner(s) versus state of punjab and another .....respondent (s) coram:- hon'ble mr.justice ram chand gupta present: none for the petitioners.si hans raj, for respondent no.1-state. none for respondent no.2. ***** ram chand gupta, j.(oral) the present petition has been filed under section 482 of the code of criminal procedure for quashing of fir no.39 dated 25.06.2012, under sections 498a/406 ipc, registered at police station hazipur, district hoshiarpur, annexure p1, and all other consequential proceedings arising therefrom on the basis of compromise having been entered between the parties. i have heard learned counsel for the parties and have gone through the record. it has been contended in the petition that dispute is matrimonial crm not m-1651 o”2. in nature, which has since been settled between the parties. as per order of this court, both the parties appeared before learned trial court and got their statements recorded. report has been received from learned trial court to the effect that compromise effected between the parties was genuine and dispute was settled amicably. in appropriate cases fir can be quashed on the basis of compromise by exercising power under section 482 cr.p.c., even if the offences are not compoundable. it was so held by full bench of this court in the case of kulwinder singh v. state of punjab, 2007(3) rcr (crl.) 1052. since the parties have amicably settled the matter and compromise has been effected, the present petition is allowed and the impugned fir no.39 dated 25.06.2012, under sections 498a/406 ipc, registered at police station hazipur, district hoshiarpur, annexure p1 alongwith all consequential proceedings qua petitioners –shakti kumar mahajan and sudarshna rani @sudarshna kumari is, hereby, quashed. ( ram chand gupta ) march 6, 2013. judge ‘om’
Judgment:

CRM not M-1651 o”

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

Misc.

not M- 1651 of 2013(O&M) Date of Decision: March 6, 2013.

Shakti Kkumar Mahajan and another .....PETITIONER(s) Versus State of Punjab and another .....RESPONDENT (s) CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: None for the petitioneRs.SI Hans Raj, for respondent no.1-State.

None for respondent no.2.

***** RAM CHAND GUPTA, J.(Oral) The present petition has been filed under Section 482 of the Code of Criminal Procedure for quashing of FIR no.39 dated 25.06.2012, under Sections 498A/406 IPC, registered at police station Hazipur, District Hoshiarpur, Annexure P1, and all other consequential proceedings arising therefrom on the basis of compromise having been entered between the parties.

I have heard learned counsel for the parties and have gone through the record.

It has been contended in the petition that dispute is matrimonial CRM not M-1651 o”

2. in nature, which has since been settled between the parties.

As per order of this Court, both the parties appeared before learned trial court and got their statements recorded.

Report has been received from learned trial court to the effect that compromise effected between the parties was genuine and dispute was settled amicably.

In appropriate cases FIR can be quashed on the basis of compromise by exercising power under Section 482 Cr.P.C., even if the offences are not compoundable.

It was so held by Full Bench of this Court in the case of Kulwinder Singh v.

State of Punjab, 2007(3) RCR (Crl.) 1052.

Since the parties have amicably settled the matter and compromise has been effected, the present petition is allowed and the impugned FIR no.39 dated 25.06.2012, under Sections 498A/406 IPC, registered at police station Hazipur, District Hoshiarpur, Annexure P1 alongwith all consequential proceedings qua petitioners –Shakti Kumar Mahajan and Sudarshna Rani @Sudarshna Kumari is, hereby, quashed.

( RAM CHAND GUPTA ) March 6, 2013.

JUDGE ‘om’