Criminal Misc. No. M-1995 of 2009 v. State of Punjab & Anr.
Case at a glance
Outcome
Quashed
subsequent proceedings, is quashed
Provisions considered
Judgment
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Mohd. Yousaf, Advocate for the petitioners. Mr. Mehardeep Singh, Assistant Advocate General Punjab for the State. Mr. Parvez Akhtar, Advocate for respondent No.2. KANWALJIT SINGH AHLUWALIA, J. (ORAL) On the oral request made by the counsel for the petitioner, name of petitioner No.1 is corrected from ‘Jasbir Kumar’ to ‘Jasbir Singh’. Necessary correction be carried by the registry in the record of Criminal Misc. No. M-1995 of 2009. Present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 23 dated 21.04.2006 registered at Police Station Jalandhar Cantt. Jalandhar under Sections 406, 498-A, 323, 324 and 506 IPC. A perusal of the FIR reveal that it is a matrimonial dispute. Respondent No.2 Mandeep Kaur was married with Jasbir Singh on 25th April, 2005. Due to harassment caused by petitioners, the marriage could not survive.
Therefore, present FIR was lodged by respondent No.2 Criminal Misc. No. M-1995 of 2009 2 Counsel for the petitioner has relied upon a deed of settlement (Annexure P-2). Mandeep Kaur, who is present in Court and has been identified by her counsel, Mr.Parvez Akhtar, has stated that five drafts amounting to Rs.1.00 lakh each, total amounting to Rs.5.00 lakh, have been received by her in lieu of permanent alimony, istri dhan and maintenance. ASI Mohan Singh, Police Station Jalandhar Cantt. is present in Court to assist Counsel for the State. He has identified Mandeep Kaur. It has been agreed between the parties to obtain divorce by way of mutual consent under Section 13-B of Hindu Marriage Act. Mandeep Kaur has stated that it was agreed that on receipt of Rs.5.00 lakh, she will facilitate quashing of the FIR. It has been held by Hon'ble Apex Court rendered in ‘B.S.Joshi v. State of Haryana’ 2003 (2) RCR (Criminal) 888 and by a Full Bench of this Court in ‘Kulwinder Singh and others v.
Operative part
State of Punjab and another’, 2007 (3) RCR (Criminal) 1052 that where a compromise has been arrived at between the parties, no useful purpose will be served by pursuing the criminal litigation. In view of this, present petition is accepted and FIR No.23 dated 21.04.2006 registered at Police Station Jalandhar Cantt. Jalandhar under Sections 406, 498-A, 323, 324 and 506 IPC, along with all subsequent proceedings, is quashed. February 10, 2009 [KANWALJIT SINGH AHLUWALIA] JUDGE
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: subsequent proceedings, is quashed
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 482; Indian Penal Code, 1860; Hindu Marriage Act, 1955.
Which court decided this case, and when?
Punjab & Haryana High Court, on 10 Feb 2009. The bench was KANWALJIT SINGH AHLUWALIA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.