Punjab-Haryana High Court
Dr.Kuldip Singh Bhatia And Others vs State Of Punjab And Another on 11 December, 2013
Author: Jitendra Chauhan
Bench: Jitendra Chauhan
CRM-M-35677-2013 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-35677-2013
Date of decision: 11.12.2013
Dr.Kuldip Singh Bhatia and others
...Petitioners
Versus
State of Punjab and another
...Respondents
CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN
Present: Ms.Sarabjit Kaur, Advocate for the petitioners
Mr.Luvinder Sofat, AAG, Punjab
****
Jitendra Chauhan, J.
This petition under Section 482 of the Code of Criminal Procedure has been filed for quashing of complaint RBT No.32 of 4.5.2010, tiled as "Narinder Kaur versus Kuldip Singh and others", in which, the petitioners have been convicted and sentenced vide order dated 14.12.2011 and FIR No.205 dated 12.12.2004, registered under Sections 406/ 498-A of the Indian Penal Code (for short, 'the IPC'), at Police Station Dasuya, District Hoshiarpur, and all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties.
While issuing the notice of motion, the parties were directed to appear before the learned lower Appellate Court for getting their statements recorded.
Shanker Gauri2013.12.18 16:55 I attest to the accuracy and integrity of this document High Court Chandigarh CRM-M-35677-2013 2
In compliance of the order dated 23.10.2013, report of learned Additional District & Sessions Judge, (Adhoc) Fast Track Court, Hoshiarpur, dated 11.11.2013, has been received to the effect that the parties have arrived at an out of Court settlement and the said settlement is genuine and without any pressure. Statements of the parties are appended with the said report.
In Mathura Singh and others Vs. State of U.P., 2009 (13) SCC 420 = 2009(2) RCR (Criminal) 859 (SC), Hon'ble the Supreme Court has set aside the conviction and allowed the compounding of the offence at appellate stage.
This Court while exercising powers under Section 482 Cr.P.C., has allowed the compounding of the offence punishable under Section 304-A IPC, on the basis of compromise and quashed the proceedings in Davinder Singh Vs. State of Punjab and Another, Criminal Misc. No.M-16107 of 2008 (O&M); Anil Kumar Vs. State of Punjab, 2009(3) R.C.R. (Criminal) 258; Dr. Neena Gupta Vs. State of Punjab and another, Criminal Misc. No.3164 of 2009; Veepinder Pal Singh Vs. State of Punjab and others, Criminal Misc. No.3441 of 2010; Amarjit Singh Vs. State of Haryana and another, Criminal Misc. No.M-16674 of 2008; and Sukhwinder Singh Vs. State of Punjab, 2008(3) R.C.R. (Criminal) 991.
In view of the above and taking into consideration the law laid down by the Full Bench of this Court in Kulwinder Singh Shanker Gauri 2013.12.18 16:55 I attest to the accuracy and integrity of this document High Court Chandigarh CRM-M-35677-2013 3 and others Vs. State of Punjab and another, 2007(3) RCR (Crl.) 1052, this petition is allowed and complaint RBT No.32 of 4-5-2010, tiled as "Narinder Kaur versus Kuldip Singh and others", in which, the petitioners have been convicted and sentenced vide order dated 14.12.2011 and FIR No.205 dated 12.12.2004, registered under Sections 406/ 498-A of the Indian Penal Code (for short, 'the IPC'), at Police Station Dasuya, District Hoshiarpur, and all consequential proceedings arising therefrom are hereby quashed.
Petition allowed.
11.12.2013 (JITENDRA CHAUHAN)
gsv JUDGE
Shanker Gauri
2013.12.18 16:55
I attest to the accuracy and
integrity of this document
High Court Chandigarh