“both the Parties Stated That they Have Vs. State of Punjab and anr. - Court Judgment

SooperKanoon Citationsooperkanoon.com/1154551
CourtPunjab and Haryana High Court
Decided OnJul-07-2014
Appellant“both the Parties Stated That they Have
RespondentState of Punjab and anr.
Excerpt:
crm m-952 of 2014 1 in the high court of punjab and haryana at chandigarh crm m-952 of 2014 date of decision : 07.07.2014 mukesh sharma & ors....petitioners v/s state of punjab & anr....respondents before : hon'ble mr.justice rajan gupta present: mr.ashish kapoor, advocate for the petitioners.mr.rajat bansal, aag punjab. mr.satish jaswal, advocate for respondent no.2. rajan gupta j. petitioners have filed this petition under section 482 cr.p.c.seeking quashing of fir no.13 dated 07.02.2009 registered under sections 498a/406/506 ipc at police station city batala, district batala and all the subsequent proceedings arising therefrom on the basis of compromise. learned counsel for the parties submit that during the pendency of this petition a compromise has been arrived at between the parties and dispute has been amicably settled. relying upon the judgment reported as kulwinder singh and others versus state of punjab, 2007(3) rcr (crl.) 1052, learned counsel submit that in view of compromise, the impugned fir deserves to be quashed. learned state counsel does not dispute the ratio of judgment in kulwinder singh’s case supra and submit that in case a compromise is arrived at between the parties the state shall not stand in the way of quashing of fir. kumar ajay 2014.07.09 12:46 i attest to the accuracy and integrity of this document crm m-952 of 2014 2 heard. it appears that on february 17, 2014, a direction was issued by this court to record the statements of the parties with regard to validity or otherwise of the compromise. a report has been received from the trial court. operative part thereof reads thus:- “both the parties stated that they have compromised the matter with the intervention of the respectable persons of the society at their own free will and consent, voluntarily without any pressure and now they have no grudge against each other. the petitioners as well as respondents are duly identified their counsel mr.h.s.kahlon, advocate and the parties placed on record their identity proof i.e., unique identification authority of india and voter i.d.card issued by election commission of india (photo copies of i.d.proof are attached herewith).it was assured before hand that the parties are giving their statements voluntarily without any pressure (photo copies of the statements are attached).”. the compromise is in the interest of the parties and after the matter has been resolved by an amicable settlement, no useful purpose is likely to be served by continuance of the criminal proceedings. in view of above, the present fir and the consequent proceedings arising therefrom deserve to be quashed in light of full bench judgment of this court in kulwinder singh’s case supra. resultantly, the present petition is allowed. the fir in question and the subsequent proceedings arising therefrom are quashed. july 07, 2014 (rajan gupta) kumar ajayajay judge201407.09 12:46 i attest to the accuracy and integrity of this document
Judgment:

CRM M-952 of 2014 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM M-952 of 2014 Date of decision : 07.07.2014 Mukesh Sharma & ors....Petitioners V/s State of Punjab & anr....Respondents BEFORE : HON'BLE Mr.JUSTICE RAJAN GUPTA Present: Mr.Ashish Kapoor, Advocate for the petitioneRs.Mr.Rajat Bansal, AAG Punjab.

Mr.Satish Jaswal, Advocate for respondent No.2.

RAJAN GUPTA J.

Petitioners have filed this petition under section 482 Cr.P.C.seeking quashing of FIR No.13 dated 07.02.2009 registered under sections 498A/406/506 IPC at police station City Batala, District Batala and all the subsequent proceedings arising therefrom on the basis of compromise.

Learned counsel for the parties submit that during the pendency of this petition a compromise has been arrived at between the parties and dispute has been amicably settled.

Relying upon the judgment reported as Kulwinder Singh and others versus State of Punjab, 2007(3) RCR (Crl.) 1052, learned counsel submit that in view of compromise, the impugned FIR deserves to be quashed.

Learned State counsel does not dispute the ratio of judgment in Kulwinder Singh’s case supra and submit that in case a compromise is arrived at between the parties the State shall not stand in the way of quashing of FIR.

Kumar Ajay 2014.07.09 12:46 I attest to the accuracy and integrity of this document CRM M-952 of 2014 2 Heard.

It appears that on February 17, 2014, a direction was issued by this court to record the statements of the parties with regard to validity or otherwise of the compromise.

A report has been received from the trial court.

Operative part thereof reads thus:- “Both the parties stated that they have compromised the matter with the intervention of the respectable persons of the society at their own free will and consent, voluntarily without any pressure and now they have no grudge against each other.

The petitioners as well as respondents are duly identified their counsel Mr.H.S.Kahlon, Advocate and the parties placed on record their identity proof i.e., Unique identification Authority of India and voter I.D.Card issued by Election Commission of India (photo copies of I.D.Proof are attached herewith).It was assured before hand that the parties are giving their statements voluntarily without any pressure (photo copies of the statements are attached).”

.

The compromise is in the interest of the parties and after the matter has been resolved by an amicable settlement, no useful purpose is likely to be served by continuance of the criminal proceedings.

In view of above, the present FIR and the consequent proceedings arising therefrom deserve to be quashed in light of Full Bench judgment of this court in Kulwinder Singh’s case supra.

Resultantly, the present petition is allowed.

The FIR in question and the subsequent proceedings arising therefrom are quashed.

July 07, 2014 (RAJAN GUPTA) Kumar AjayAjay JUDGE201407.09 12:46 I attest to the accuracy and integrity of this document