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Karanvir Singh vs State Of Punjab And Anr on 18 March, 2019

CRM-M-1834-2019 (OM) -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CRM-M-1834-2019 (OM)
Date of decision: March 18, 2019

Karanvir Singh …Petitioner

Versus

State of Punjab and another …Respondents

CORAM: HON’BLE MR. JUSTICE RAJ SHEKHAR ATTRI

Present: Mr. Parvinder Singh, Advocate
for the petitioner.

Mr. Sukhbeer Singh, AAG, Punjab.

Mr. Munish Khanngwal, Advocate
for respondent No.2.

RAJ SHEKHAR ATTRI, J.(ORAL)

By invoking Section 482 of the Code of Criminal Procedure, the

petitioner has prayed for quashing of FIR No.20 dated 06.09.2016, under

Section 498-A of the Indian Penal Code, 1860 (for short ‘IPC’) (subsequently

added under Section 406 IPC), registered at Police Station Women District

SAS Nagar, Mohali and subsequent proceedings arising therefrom on the basis

of compromise (Annexure P-2).

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

Dalvir Kaur daughter of Tarlochan Singh. Now, dispute between the parties has

been resolved.

Vide order dated 16.01.2019, the parties were directed to appear

before the learned trial court/illaqa magistrate to get their statements recorded

with regard to genuineness of compromise.

Pursuant thereto, a report has been submitted by the learned

Judicial Magistrate Ist Class, Kharar, wherein it has been reported that

statements of the parties have been recorded and compromise entered between

the parties is voluntarily and genuine.

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CRM-M-1834-2019 (OM) -2-

Learned State counsel as well as learned counsel for respondent

No.2 have not disputed that the parties i.e. petitioner, respondent No.2

(complainant), 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

Gian 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. Consequently,

FIR No.20 dated 06.09.2016, under Section 498-A IPC (subsequently added

under Section 406 IPC) registered at Police Station Women District SAS

Nagar, Mohali and subsequent proceedings arising therefrom on the basis of

compromise stands quashed qua petitioner.

March 18, 2019 (RAJ SHEKHAR ATTRI)
m. sharma JUDGE

Whether speaking/reasoned : yes/no
Whether reportable : yes/no

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