Thursday, August 15, 2013

courts will NOT waste time finding truth & punishing false cases; you go compromise &come back! once compromised we quash. System would have made its money quick and easy

the courts will NOT waste time finding the truth & punishing false cases; you go do compromise and come back !! once compromised we will quash. System would have made its money quick and easy; men will get re married and get scr3w3d once again ...plain and simple 
  
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No. M-13474 of 2013 (O&M)
Date of Decision: May 30th, 2013
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Sunil Kumar Petitioner
Versus
State of Punjab and another Respondents
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CORAM : HON'BLE MR. JUSTICE VIJENDER SINGH MALIK
1.Whether Reporters of local papers may be allowed to see the judgment?
2.Whether to be referred to the Reporters or not?
3.Whether the judgment should be reported in the Digest?
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Present Mr. Satwant Mehta, Advocate, for the petitioner.
Ms. Anmol Grewal, A.A.G, Punjab, for the State. 
None for respondent No.2.
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VIJENDER SINGH MALIK, J.
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Sunil Kumar, the petitioner has brought this petition under the provisions of section 482 Cr. P.C., for quashing of FIR No.03 dated 24.02.2011 (Annexure P1) registered at Police Station D-Division [Women cell], District Amritsar for an offence punishable under sections 406 and 498-A IPC alongwith all the subsequent proceedings arising out of the same on the basis of compromise [Annexure P2]. While issuing notice of motion, the parties were directed to appear before learned Illaqa Magistrate on 14.05.2013 for getting their statements recorded in support of the compromise. Learned Judicial Magistrate Ist Class, Amritsar has sent her report in this regard. She has reported that she has recorded the statements of the parties in support of the compromise and has found that their statements are voluntary and without any influence or pressure. 
  
  
Compromise not only brings peace and harmony between the parties to a dispute but also restores tranquility in the society. In the present case, where the parties have started residing together happily, the compromise (Annexure P2) appears to be just and fair, brought about without there being any pressure on the wife, effect of which is of advancing the cause of justice. In view of the ratio of decision of this court in Dharambir Vs. State of Haryana, 2005 (3) RCR (Criminal) 426, a case regarding non-compoundable matrimonial offence, as is the present case, can be quashed on the basis of compromise. Thus, keeping in view the fact that the parties have settled the dispute and that the settlement between them is just and fair, brought about without any pressure upon any one and that the same would be securing the ends of justice, I accept the petition and quash FIR No.03 dated 24.02.2011 (Annexure P1) registered at Police Station D-Division [Women cell], District Amritsar for an offence punishable under sections 406 and 498-A IPC alongwith all subsequent proceedings arising therefrom. 
  
(VIJENDER SINGH MALIK)
  
 JUDGE
  
May 30th, 2013
  
 
som
 


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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. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF - Save Indian Family Foundation. SIF is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. 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 or write to e _ vinayak @ yahoo . com (please remove spaces). 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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Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn't given up, Male, activist