Chamkaur Singh and Others Vs. State of Punjab and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1153949
CourtPunjab and Haryana High Court
Decided OnJul-01-2014
AppellantChamkaur Singh and Others
RespondentState of Punjab and Others
Excerpt:
in the high court of punjab & haryana at chandigarh crl. misc. no.m-42929 of 2013 date of decision: july 01, 2014 chamkaur singh and others .petitioners versus state of punjab and others .respondents coram: hon'ble mr.justice surinder gupta present: mr.t.p.s.tung, advocate for the petitioners.ms.shivali, aag, punjab for respondents no.1 to 3. mr.s.s.majithia, advocate for respondents no.4 to 6. surinder gupta, j heard. short reply by respondent 4 along with power of attorney executed by amritpal kaur dhaliwal authorizing her to compromise the matter has been placed on file. a draft bearing no.035897 dated 19.4.2014 drawn on axis bank ltd.for `6,75,000/- has already been issued to surinder kaur. the fir no.165 dated 27.10.2009 was registered with regard to the matrimonial dispute in between harmeet singh and amritpal kaur. in the mediation and conciliation centre of this court, a compromise took place under which payment of `13.50 lacs was to be made by petitioner no.3 to respondent no.6. out of the said amount, payment of `6,75,000/- has already been made. the petitioner no.3 as well as respondent no.6 both are resident of canada. an amicable settlement between the parties has brought an end to the litigation which is for the benefit of both the parties, who can now live in peace and harmony. the only obstacle in the way of accepting the compromise for quashing the impugned fir is that the offence under section 498-a ipc is not compoundable. in case kulwinder singh versus state of punjab, 2007 (3) rcr (crl.) 1052, full bench of this court has held that the fir can be quashed on the basis of the compromise by exercising inherent powers under section 482 cr.p.c.even if the offence is not compoundable. kumar deepak 2014.07.04 10:07 i attest to the accuracy and integrity of this document crl. misc. no.m-42929 of 2013 -2- in view of the amicable settlement of the dispute in between the parties and the compromise, annexure p-3, the impugned fir (annexure p-1) along with all consequential proceedings arising therefrom is quashed. july 01, 2014 (surinder gupta) deepak judge kumar deepak 2014.07.04 10:07 i attest to the accuracy and integrity of this document
Judgment:

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl.

Misc.

No.M-42929 of 2013 Date of decision: July 01, 2014 Chamkaur Singh and others .Petitioners versus State of Punjab and others .Respondents Coram: Hon'ble Mr.Justice Surinder Gupta Present: Mr.T.P.S.Tung, Advocate for the petitioneRs.Ms.Shivali, AAG, Punjab for respondents No.1 to 3.

Mr.S.S.Majithia, Advocate for respondents No.4 to 6.

Surinder Gupta, J Heard.

Short reply by respondent 4 along with power of attorney executed by Amritpal Kaur Dhaliwal authorizing her to compromise the matter has been placed on file.

A draft bearing No.035897 dated 19.4.2014 drawn on Axis Bank LTD.for `6,75,000/- has already been issued to Surinder Kaur.

The FIR No.165 dated 27.10.2009 was registered with regard to the matrimonial dispute in between Harmeet Singh and Amritpal Kaur.

In the Mediation and Conciliation Centre of this Court, a compromise took place under which payment of `13.50 lacs was to be made by petitioner No.3 to respondent No.6.

Out of the said amount, payment of `6,75,000/- has already been made.

The petitioner No.3 as well as respondent No.6 both are resident of Canada.

An amicable settlement between the parties has brought an end to the litigation which is for the benefit of both the parties, who can now live in peace and harmony.

The only obstacle in the way of accepting the compromise for quashing the impugned FIR is that the offence under Section 498-A IPC is not compoundable.

In case Kulwinder Singh versus State of Punjab, 2007 (3) RCR (Crl.) 1052, Full Bench of this Court has held that the FIR can be quashed on the basis of the compromise by exercising inherent powers under Section 482 Cr.P.C.even if the offence is not compoundable.

Kumar Deepak 2014.07.04 10:07 I attest to the accuracy and integrity of this document Crl.

Misc.

No.M-42929 of 2013 -2- In view of the amicable settlement of the dispute in between the parties and the compromise, Annexure P-3, the impugned FIR (Annexure P-1) along with all consequential proceedings arising therefrom is quashed.

July 01, 2014 (Surinder Gupta) deepak Judge Kumar Deepak 2014.07.04 10:07 I attest to the accuracy and integrity of this document