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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. |
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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 |
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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 |