File 498a, 506 collect money & suddenly there is a VOLUNTARY compromise. “Voluntary” I say!. P&H HC

* modus operandi of VOLUNTARY compromises explained
* filing criminal cases on husband and in laws, threatening them with arrest etc NOT elaborated !!

*****************************disclaimer**********************************
This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon or High court websites. Some notes are made by Vinayak. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog and if you are reading this on tumblr please post responses as comments at vinayak.wordpress.com . Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.
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CASE FROM JUDIS / INDIAN KANOON WEB SITE with necessary Emphasis, Re formatting
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
CRM-M-13878 of 2015
Date of Decision: August 21, 2015

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Naveen ….Petitioner
Versus
State of Haryana and another …..Respondents

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CORAM: HON’BLE MR.JUSTICE RAJAN GUPTA

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Present: Mr. Sushil Bhardwaj, Advocate for the petitioner.
Mr.Vishal Kashyap, AAG, Haryana.
http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com
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Rajan Gupta, J (Oral)

Petitioner has filed this petition under Section 482 Cr.P.C seeking quashing of F.I.R No. 101 dated 5.4.2013 registered under Sections 498-A/506/323 IPC at Police Station, Bhawanikhera, District Bhiwani and all the subsequent proceedings arising therefrom on the basis of compromise.

Learned counsel for the parties submit that during the pendency of this petition a compromise has been arrived at between the parties and dispute has been amicably settled. Relying upon the judgment reported as Kulwinder Singh and others Vs. State of Punjab, 2007 (3) RCR (Crl.) 1052, learned counsel submit that in view of compromise, the impugned F.I.R deserves to be quashed.

Learned State counsel does not dispute the ratio of judgment in Kulwinder Singh’s case supra and submit that in case a compromise is arrived at between the parties the State shall not stand in the way of quashing of F.I.R.

Heard It appears that on 30.4.2015, a direction was issued by this court to record the statements of the parties with regard to validity or otherwise of the compromise. A report has been received from the trial court. Operative part thereof reads thus:-

“Consequently, both the parties i.e accused as well as the
complainant have appeared and accordingly, their separate statements
along with a joint statement on oath have been recorded, wherein,
complainant and accused namely, Sunita and Naveen have submitted that
a compromise has been effected with the accused. Complainant Sunita
has stated that she has received all alimony regarding her
maintenance and they both have filed a mutual divorce petition and
now she does not want any action against the accused and she has no
objection in cancellation of FIR Similarly the statement of mother of
complainant Ishwanti has also been recorded. Statement of accused
Naveen has also been recorded wherein he has stated that a compromise
has been effected and he has paid all alimony regarding maintenance
allowance of complainant Sunita and the compromise has been effected
out of their free will, consent and without any coercion or undue
influence. The aforesaid compromise effected between the parties is
for the welfare of both the parties and they have compromised the
matter with their own sweet will and without any pressure or
influence and thus they have no objection if the FIR is quashed.

In view of aforesaid circumstances a compromise has been voluntarily
effected between the parties to my belief and the aforesaid
compromise is genuine and outcome of free consent of both the parties.”

The compromise is in the interest of the parties and after the matter has been resolved by an amicable settlement, no useful purpose is likely to be served by continuance of the criminal proceedings. In view of above, the present FIR and the consequent proceedings arising therefrom deserve to be quashed in light of Full Bench judgment of this court in Kulwinder Singh’s case supra. http://evinayak.tumblr.com https://vinayak.wordpress.com http://fromvinayak.blogspot.com

Resultantly, the present petition is allowed. The F.I.R in question and the subsequent proceedings arising therefrom are quashed.

(Rajan Gupta) Judge

August 21, 2015

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