Punjab-Haryana High Court
Manit Singla vs State Of Punjab And Another on 8 July, 2015
Author: Mahesh Grover
Bench: Mahesh Grover
CRM no.M-37827 of 2013 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM no.M-37827 of 2013 (O&M)
Decided on :08.07.2015
Manit Singla
....Petitioner(s)
VERSUS
State of Punjab and another
....Respondents
CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. K.S.Lakhanpal, Advocate for Mr. J.P.S.Sarao, Advocate for the petitioner Mr.Deepak Garg, AAG, Punjab MAHESH GROVER, J This is a petition under Section 482 Cr.P.C praying for quashing of FIR No 63 dated 5.7.2013 registered under Section 306 IPC at Police Station Bhadson, District Patiala and all consequent proceedings arising therefrom on the basis of a compromise.
On 2.12.2013, this Court had directed the Illaqa Magistrate/CJM to record the statement of all the affected persons and regarding veracity of the compromise and a report was also called for.
That report has since been received alongwith copies of the statements of the affected persons which also indicates that the matter has been resolved amicably between the parties without any pressure from any quarter.
The Hon'ble Supreme Court in Gold Quest International Private Ltd. vs. State of Tamil Nadu and others, 2014 (4) RCR (Crl.) 206 has held that the disputes which are substantially matrimonial in nature, or the civil property disputes with criminal facets, if the parties have entered REKHA 2015.07.09 15:33 I attest to the accuracy and authenticity of this document High Court Chandigarh CRM no.M-37827 of 2013 (O&M) 2 into settlement, and it has become clear that there are no chances of conviction, there is no illegality in quashing the proceedings under Section 482 Cr.P.C read with Article 226 of the Constitution.
The Hon'ble Division Bench of this Court in Sube Singh & anr. vs. State of Haryana & anr., 2013 (4) RCR (Crl) 102 has held that the High Court is vested with unparallel power to quash criminal proceedings at any stage to secure the ends of justice.
Having regard to the fact that FIR is probably on account of misunderstanding between the two families and keeping in view the observations made by the Full Bench of this Court in Kulwinder Singh v. State of Punjab reported as 2007(3) Law Herald 2225 and of Hon'ble Supreme Court in Gian Singh Vs. St. of Punjab reported as 2012(4) RCR (Crl.) 543, instant petition is accepted. Consequently, FIR No 63 dated 5.7.2013 registered under Section 306 IPC at Police Station Bhadson, District Patiala and all consequent proceedings arising therefrom qua the petitioner herein are hereby quashed.
July 08, 2015 (Mahesh Grover)
rekha Judge
REKHA
2015.07.09 15:33
I attest to the accuracy and
authenticity of this document
High Court Chandigarh