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Major Karthikeya Saini And Ors vs State Of Ut Chandigarh And Anr on 5 April, 2019

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CRM-M-56128-2018 (OM)

Date of decision: 5.4.2019

Major Karthiekeya Saini and others

…Petitioner(s)

VERSUS

State of UT, Chandigarh and another

…Respondent(s)

CORAM: HON’BLE MR. JUSTICE RAJ SHEKHAR ATTRI

Present: Ms. Isha Goyal, Advocate,
for the petitioner(s).

Mr. Sukant Gupta, Addl. PP, UT, Chandigarh
*****

RAJ SHEKHAR ATTRI, J.

By invoking Section 482 Cr.P.C., the petitioner(s) has prayed

for quashing of FIR No. 374 dated 31.7.2015 for offence punishable under

Sections 406, Section498A of the Indian Penal Code registered at Police Station

Sector 34, U.T., Chandigarh and proceedings emanating therefrom on the

basis of compromise (Annexures P-3) arrived at between the parties.

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

Mrs. Tanu Sehgal daughter of K.K.Sehgal. Now, dispute between the parties

has been resolved by way of compromise Annexures P-3.

Counsel for the petitioner has placed on record copy of the joint

statement of the parties and copy of divorce decree dated 9.3.2019 which are

taken on record.

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CRM-M-56128-2018 (OM) 2

Counsel for the complainant states that the matter has been

amicably settled and the parties have obtained divorce. Nothing is due

towards each other.

Counsel for the State has not disputed that the parties have

arrived at a settlement.

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. 374

dated 31.7.2015 under Sections 406, Section498A IPC registered at Police Station

Sector 34, Chandigarh and proceedings emanating therefrom stand quashed

qua the petitioner(s).

April 5, 2019 (RAJ SHEKHAR ATTRI)
Paritosh Kumar JUDGE

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

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