Thursday, August 15, 2013

See how happy HC is, that husband has taken back 498a wife. "Compromise not only brings peace and harmony between the parties to a dispute but also restores tranquility in the society. ..."

See how the HC is happy that the husband has taken back the 498a wife .."...Compromise not only brings peace and harmony between the parties to a dispute but also restores tranquility in the society. ..." and the HC is evven more happy that "...brought about without there being any pressure on the wife, effect of which is of advancing the cause of justice..."


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Crl. Misc. No.M-13988 of 2013 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No. M-13988 of 2013 (O&M)
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Date of Decision: May 31st, 2013
Vinay Mahesh Agarwal and others                                 Petitioners
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. Navkiran Singh, Advocate,for the petitioners.
Ms. Anmol Grewal, A.A.G, Punjab, for the State. 
None for respondent No.2.
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VIJENDER SINGH MALIK, J.

Vinay Mahesh Agrawal, Mahesh Agrawal, Promila M. Agrawal and Bindu Agrawal, the petitioners have brought this petition under the provisions of section 482 Cr. P.C., for quashing of FIR No.18 dated 1.3.2013 (Annexure P1) registered at Police Station Women Cell, Patiala District Patiala for an offence punishable under sections 406, 498-A, 323, 312, 506 read with section 120-B IPC alongwith all the subsequent proceedings arising out of the same on the basis of compromise dated 12.3.2013 [Annexure P2]. 

While issuing notice of motion, the parties were directed to appear before learned Illaqa Magistrate on 16.05.2013 for getting their statements recorded in support of the compromise. Learned Judicial Magistrate Ist Class, Patiala 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.18 dated 1.3.2013 (Annexure P1) registered at Police Station Women Cell, Patiala District Patiala for an offence punishable under sections 406, 498-A, 323, 312, 506 read with section 120-B IPC alongwith all subsequent proceedings arising therefrom. 

(VIJENDER SINGH MALIK)

 JUDGE

May 31st, 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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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