vegeta/nlplegal · Datasets at Hugging Face

text stringlengths 1 26.8k
ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION (FOR CANCELLATION OF BAIL) NO. 1416 of 2013
================================================================
STATE OF
GUJARAT....Applicant(s)
Versus
GURINDERSINGH JASPAL
SINGH....Respondent(s)
================================================================
Appearance:
MR
KP RAVAL APP for the Applicant
================================================================
CORAM:
HONOURABLE
MR.JUSTICE A.J.DESAI
Date : 20/03/2013
ORAL ORDER
Time
to supply copies of the petition along with annexures is hereby
extended upto 28.3.2013.
Returnable
date of Notice is extended to 10th April, 2013.
(A.J.DESAI, J.)
pnnair
Page
1
of 1
<\|endofjudgement\|>
Punjab-Haryana High Court
Maninder Pal Singh & Ors vs State Of Punjab & Anr on 8 August, 2017Criminal Misc. M- No. 5730 of 2017 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. M- No. 5730 of 2017 (O&M)
Date of decision : August 08, 2017
Maninder Pal Singh and others .....Petitioners
Versus
State of Punjab and another ....Respondents
CORAM:- HON'BLE MRS. JUSTICE LISA GILL
Present: Mr. R.S. Malhotra, Advocate for the petitioners.
Mr. Karambir Singh, AAG, Punjab.
***
LISA GILL, J.
Prayer in this petition is for quashing of FIR No. 179 dated
10.10.2016 registered under Sections 406, 498A IPC at Police Station City
Muktsar, District Sri Muktsar Sahib and all other consequential proceedings
arising therefrom on the basis of a compromise arrived at between the
parties as reflected in document attached as Annexure P-2.
The abovesaid FIR was registered at the behest of respondent
No.2 due to matrimonial discord with her husband i.e. petitioner No.1.
With the intervention of respectables and relatives, a compromise has been
arrived at between the parties. The parties wish to live in peace and
harmony and put an end to the acrimony between them. The present
petition has been filed on the basis of this compromise.
This Court on 21.02.2017 directed the parties to appear before
learned trial court/Illaqa Magistrate for recording their statements in respect
to the above-mentioned compromise. Learned trial court/Illaqa Magistrate
was directed to submit a report regarding the validity or otherwise of the
compromise.
1 of 3
::: Downloaded on - 12-08-2017 04:06:49 :::
Criminal Misc. M- No. 5730 of 2017 (O&M) 2
Pursuant to orders dated 21.02.2017 and 31.05.2017, the parties
appeared before the learned Chief Judicial Magistrate, Sri Muktsar Sahib
and their statements were recorded on 09.06.2017. Respondent No.2 stated
that the matter has amicably resolved with all the accused petitioners. The
compromise, it is submitted, has been effected by her voluntarily, without
any coercion, fraud or misrepresentation. A petition under Section 13B of
the Hindu Marriage Act, 1955 (for short - 'the Act') is stated to have been
filed and the same was pending for 04.07.2017. Respondent No. 2
categorically stated that she has no objection to the quashing of the
aforementioned FIR against the accused petitioners. Statements of the
petitioners in respect to the compromise were also recorded.
As per report dated 04.07.2017 received from the learned
Chief Judicial Magistrate, Sri Muktsar Sahib, it is opined that the
compromise between the parties is genuine, voluntary, arrived at without
any threat, coercion or undue pressure. None of the petitioners are reported
to be proclaimed offenders. Statements of the parties are appended
alongwith the said report.
Learned counsel for the petitioners informs that petition under
Section 13B of the Act has been allowed on 04.07.2017 and the entire
settled amount has since been handed over to respondent No. 2.
Learned counsel for the State submits that as the abovesaid FIR
arises out of a matrimonial dispute, the State has no objection to the
quashing of this FIR on the basis of a settlement arrived at between the
parties.
In Kulwinder Singh and others versus State of Punjab and
another 2007 (3) R.C.R. (Criminal) 1052, a five member Bench of this
2 of 3
::: Downloaded on - 12-08-2017 04:06:51 :::
Criminal Misc. M- No. 5730 of 2017 (O&M) 3
Court has observed as under:-
"The compromise, in a modern society, is the sine qua
non of harmony and orderly behaviour. It is the soul of justice
and if the power under Section 482 of the Criminal Procedure
Code is used to enhance such a compromise which, in turn,
enhances the social amity and reduces friction, then it truly is

ORDER

IN

THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL

MISC.APPLICATION (FOR CANCELLATION OF BAIL) NO. 1416 of 2013

================================================================

STATE OF

GUJARAT....Applicant(s)

Versus

GURINDERSINGH JASPAL

SINGH....Respondent(s)

================================================================

Appearance:

MR

KP RAVAL APP for the Applicant

================================================================

CORAM:

HONOURABLE

MR.JUSTICE A.J.DESAI

Date : 20/03/2013

ORAL ORDER

Time

to supply copies of the petition along with annexures is hereby

extended upto 28.3.2013.

Returnable

date of Notice is extended to 10th April, 2013.

(A.J.DESAI, J.)

pnnair

Page

1

of 1

<|endofjudgement|>

Punjab-Haryana High Court

Maninder Pal Singh & Ors vs State Of Punjab & Anr on 8 August, 2017Criminal Misc. M- No. 5730 of 2017 (O&M) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

Criminal Misc. M- No. 5730 of 2017 (O&M)

Date of decision : August 08, 2017

Maninder Pal Singh and others .....Petitioners

Versus

State of Punjab and another ....Respondents

CORAM:- HON'BLE MRS. JUSTICE LISA GILL

Present: Mr. R.S. Malhotra, Advocate for the petitioners.

Mr. Karambir Singh, AAG, Punjab.

***

LISA GILL, J.

Prayer in this petition is for quashing of FIR No. 179 dated

10.10.2016 registered under Sections 406, 498A IPC at Police Station City

Muktsar, District Sri Muktsar Sahib and all other consequential proceedings

arising therefrom on the basis of a compromise arrived at between the

parties as reflected in document attached as Annexure P-2.

The abovesaid FIR was registered at the behest of respondent

No.2 due to matrimonial discord with her husband i.e. petitioner No.1.

With the intervention of respectables and relatives, a compromise has been

arrived at between the parties. The parties wish to live in peace and

harmony and put an end to the acrimony between them. The present

petition has been filed on the basis of this compromise.

This Court on 21.02.2017 directed the parties to appear before

learned trial court/Illaqa Magistrate for recording their statements in respect

to the above-mentioned compromise. Learned trial court/Illaqa Magistrate

was directed to submit a report regarding the validity or otherwise of the

compromise.

1 of 3

::: Downloaded on - 12-08-2017 04:06:49 :::

Criminal Misc. M- No. 5730 of 2017 (O&M) 2

Pursuant to orders dated 21.02.2017 and 31.05.2017, the parties

appeared before the learned Chief Judicial Magistrate, Sri Muktsar Sahib

and their statements were recorded on 09.06.2017. Respondent No.2 stated

that the matter has amicably resolved with all the accused petitioners. The

compromise, it is submitted, has been effected by her voluntarily, without

any coercion, fraud or misrepresentation. A petition under Section 13B of

the Hindu Marriage Act, 1955 (for short - 'the Act') is stated to have been

filed and the same was pending for 04.07.2017. Respondent No. 2

categorically stated that she has no objection to the quashing of the

aforementioned FIR against the accused petitioners. Statements of the

petitioners in respect to the compromise were also recorded.

As per report dated 04.07.2017 received from the learned

Chief Judicial Magistrate, Sri Muktsar Sahib, it is opined that the

compromise between the parties is genuine, voluntary, arrived at without

any threat, coercion or undue pressure. None of the petitioners are reported

to be proclaimed offenders. Statements of the parties are appended

alongwith the said report.

Learned counsel for the petitioners informs that petition under

Section 13B of the Act has been allowed on 04.07.2017 and the entire

settled amount has since been handed over to respondent No. 2.

Learned counsel for the State submits that as the abovesaid FIR

arises out of a matrimonial dispute, the State has no objection to the

quashing of this FIR on the basis of a settlement arrived at between the

parties.

In Kulwinder Singh and others versus State of Punjab and

another 2007 (3) R.C.R. (Criminal) 1052, a five member Bench of this

2 of 3

::: Downloaded on - 12-08-2017 04:06:51 :::

Criminal Misc. M- No. 5730 of 2017 (O&M) 3

Court has observed as under:-

"The compromise, in a modern society, is the sine qua

non of harmony and orderly behaviour. It is the soul of justice

and if the power under Section 482 of the Criminal Procedure

Code is used to enhance such a compromise which, in turn,

enhances the social amity and reduces friction, then it truly is