Dinesh Singh v. State Of Ut Chandigarh And ANR

Crl. Misc. No. M-47243 of 2017 -1In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-47243 of 2017 Date of Decision: 06.4.2018 Dinesh Singh ......Petitioner

Versus

State of U.T., Chandigarh and another ......Respondents CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY

Present:

Mr. Ashok Kumar, Advocate for the petitioners.

Mr. A.K.Lamdharia, APP for U.T., Chandigarh.

None for respondent No. 2.

**** ANITA CHAUDHRY, J (ORAL) The instant petition is for quashing of FIR No. 142 dated 1.4.2015 registered under Sections 498-A, 406 IPC, Police Station Sector-11, Chandigarh (Annexure P-1) and all the consequent proceedings arising out of the same, on the basis of judgment/order dated 19.9.2017 passed in the petition under Section 13-B of the Hindu Marriage Act whereby marriage of the parties was dissolved by way of mutual consent. Report has been received from the trial Court after statements of the parties were recorded regarding the compromise. The trial Court has reported that the compromise is genuine. The trial Court has also sent the copy of the statements of the parties.

Learned counsel for the State on instructions submits that petitioner is the only accused and respondent No. 2 is the only aggrieved Gurpreet Singh Bhatia 2018.04.16 16:39 I attest to the accuracy and authenticity of this document chandigarh

Crl. Misc. No. M-47243 of 2017 -2person in this FIR.

No useful purpose would be served to keep the FIR pending. In view of the statements and report of the trial Court and the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052, approved by Hon'ble Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, the instant petition is allowed and the aforesaid FIR and all consequent proceedings conducted on the basis thereof are quashed qua the petitioners. Needless to say that parties shall remain bound by the terms of compromise and their statements made in the Court below. (ANITA CHAUDHRY) JUDGE April 06, 2018 Gurpreet Whether speaking/reasoned :

Yes Whether reportable :

No Gurpreet Singh Bhatia 2018.04.16 16:39 I attest to the accuracy and authenticity of this document chandigarh