Punjab-Haryana High Court
Srabjit Singh And Another vs State Of Punjab And Another on 14 July, 2011
Author: Rakesh Kumar Jain
Bench: Rakesh Kumar Jain
CRM NO. M-11959 OF 2010 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM NO. M-11959 OF 2010 (O&M)
DECIDED ON : 14.07.2011
Srabjit Singh and another
...Petitioners
versus
State of Punjab and another
...Respondents
CORAM : HON'BLE MR. JUSTICE RAKESH KUMAR JAIN
Present : Mr. Munish Soni, Advocate,
for the petitioners.
Mr. A. S. Rai, DAG, Punjab,
for respondent No.1.
Mr. Ajay Singla, Advocate,
for respondent No.2.
RAKESH KUMAR JAIN, J. (ORAL)
This is petition for quashing of FIR No. 159 dated 17.04.2009 registered under Sections 406/498-A IPC at Police Station Division No.6, District Jalandhar (Annexure P-1), on the basis of compromise.
Respondent No.2 had lodged the aforesaid FIR against three persons namely Srabjit Singh (husband), Amarjit Kaur (mother-in-law) and Simar Singh (father-in-law).
Learned counsel for the petitioners submits that Simar Singh, father-in-law, has already expired and Annexure P-3 is his death certificate.
CRM NO. M-11959 OF 2010 (O&M) -2-
The parties to the lis entered into a compromise on 12.02.2010. This Court, vide its order dated 10.03.2011, directed the trial Court to send a report with regard to the validity of the compromise, after recording the statements of concerned persons. In pursuance thereto, a letter bearing No. 334G/- dated 06.07.2011 has been received wherein it is mentioned that the learned JMIC has recorded the statement of complainant and has found the compromise to be genuine.
In view of the decision of Full Bench in case titled as, "Kulwinder Singh and others vs. State of Punjab", 2007 (3) RCR (Criminal) 1052, the offence can be compounded.
In view of the above, the present petition is hereby allowed and the FIR mentioned above is quashed accordingly.
JULY 14, 2011 (RAKESH KUMAR JAIN) shalini JUDGE