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Davinder Singh vs State Of Ut Chandigarh And Another on 27 May, 2019

CRM-M No. 15902 of 2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
248
*****

CRM-M No. 15902 of 2019
Date of decision : 27.5.2019

Davinder Singh ……..Petitioner
Vs.
State of UT, Chandigarh and another …….Respondents

CORAM:- HON’BLE MR. JUSTICE RAJ SHEKHAR ATTRI

Present: Mr. R.K. Rana, Advocate, for the petitioner

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

RAJ SHEKHAR ATTRI, J.

By invoking Section 482 Code of Criminal Procedure (in short,

“SectionCr.P.C.”), the petitioner has prayed for quashing of FIR No.553 dated

30.12.2014 for offence punishable under Section 406 and Section498A of the

Indian Penal Code (in short, “SectionIPC”) registered at Police Station City Sector

39, Chandigarh, and proceedings emanating therefrom on the basis of

compromise dated 6.3.2019 (Annexure P-2) arrived at between the parties.

In the present case, the FIR was registered on the statement of

Harjit Kaur daughter of Mahinder Singh. Now, dispute between the parties

has been resolved by way of compromise Annexures P-2.

Vide order dated 5.4.2019, the parties were directed to appear

before the trial Court to get their statements recorded with regard to

genuineness of compromise.

Pursuant thereto, a report has been submitted by Judicial

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CRM-M No. 15902 of 2019 -2-

Magistrate Ist Class, Chandigarh, wherein it has been reported that

statements of the parties have been recorded and they have voluntarily

compromised the matter without any coercion or undue influence.

Counsel for the State and respondent No. 2 have not disputed

that the parties i.e. petitioner and respondent No.2 have arrived at a

settlement with an intent to give burial to their differences.

Perusal of allegations in the FIR reveals that the present case

squarely falls in the category of cases that can be quashed by the High

Court, in exercise of its inherent power under Section 482 Cr.P.C. Keeping

in view authoritative enunciation of law laid down by Hon’ble the Supreme

Court in ‘SectionGian Singh v. State of Punjab and another’, 2012 (4) R.C.R.

(Criminal) 543 and in the light of facts and circumstances discussed

hereinbefore, this Court is of the considered opinion that continuation of

criminal proceedings would amount to abuse of process of law and it is

expedient in the interest of justice that the same are put to an end.

For the foregoing reasons, the petition is allowed, FIR No.553

dated 30.12.2014 for offence punishable under Section 406 and Section498A of the

IPC, registered at Police Station City Sector 39, Chandigarh, and

proceedings emanating therefrom stand quashed qua the petitioner.

(RAJ SHEKHAR ATTRI)
JUDGE
27.5.2019
Ashwani

Speaking/reasoned Yes/No
Reportable Yes/No

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