Thursday, August 15, 2013

File 498a, collect moolah, say 'compromise', quash - P&H HC Crl Misc #M-8422/2013 - 31 05 2013, Kashmir Singh Vs State of Punjab

File 498a, collect moolah, say 'compromise', quash - P&H HC Crl Misc #M-8422/2013 - 31 05 2013, Kashmir Singh Vs State of Punjab 

*******************************************

P & H HC has many quash orders on the same date !! While that itself may just indicate how active the 498a industry is, almost all orders sound / seem to be the same !! , same references to other cases, same ratio, same decisions and similar construct of orders !!

there are probably  a dozen quash orders on that same day, all sounding very same !!

*********************************************



IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl.Misc.No.M-8422 of 2013
Date of Decision :31.5.2013

**************************************************************************

Kashmir Singh @ Sheera and another****Petitioners
Versus
State of Punjab and another ****Respondents
**************************************************************************


CORAM : HON'BLE MR.JUSTICE MAHESH GROVER

Present : Mr.Gursimran Singh, Advocate for the petitioners.
Ms.Rajni Gupta, Addl.A.G., Punjab.

MAHESH GROVER, J.

This is a petition under Section 482 of the Code of Criminal Procedure praying for quashing of FIR No.166 dated 18.9.2011 under Sections 498-A/406 IPC, registered at Chherretta, Amritsar City., on the basis of compromise.

On 14.3.2013, this Court while issuing notice of motion had directed the parties to be present before the learned trial court for recording their statements with regard to compromise and pursuant thereto a report has been received whereby it has been observed that the compromise effected between the parties is genuine, without any pressure, threat or coercion.


Considering the fact that the parties have now settled the dispute and also keeping in view the observations made by the Full Bench of this Court in Kulwinder Singh v. State of Punjab and others 2007(3)RCR(Crl.) 1052 and the Hon'ble Supreme Court in Gian Singh v. State of Punjab, 2012(4) RCR (Crl.) 543, the aforesaid FIR and consequent proceedings are hereby quashed.

Petition stands allowed.

31.5.2013 

(MAHESH GROVER) 

JUDGE



dss




*****************************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. 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.
 
******************************************************************
CASE FROM JUDIS DOT NIC WEB SITE 
******************************************************************



**********************************

FOLLOW 
@ATMwithDick on twitter or 
http://evinayak.tumblr.com/ (recent blog so recent cases ) 
FOR 100s of high court and supreme court cases


regards

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