In CRM-M-2982-2023-PUNJ HC- P&H HC quashes FIR involving offence of cruelty based on compromise between parties, says alleged offences were predominantly private in nature and no moral turpitude or interest of public at large was involved
Justice Jagmohan Bansal [03-02-2023]

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Read Order: Ramanjit Singh v. State Of Punjab And Another


 

Monika Rahar

 

Chandigarh, February 6, 2023: While dealing with a quashing plea in respect of an FIR registered under Sections 406 and 498A of IPC and all other consequential proceedings arising therefrom, the High Court of Punjab and Haryana High Court has ordered the quashing on the the basis of compromise and also observed that alleged offences were predominantly private in nature and no moral turpitude or interest of public at large was involved.

 

The bench of Justice Jagmohan Bansal held, “From the perusal of the enclosed FIR, report of the Trial Court and compromise arrived between the parties, it transpires that contesting parties have amicably resolved their issue, thus, no useful purpose would be served by continuing the proceedings.

 

In terms of orders of the High Court, the Chief Judicial Magistrate, Bathinda submitted his report confirming that all the parties and Investigating Officer appeared before the Court and tendered their statements qua the compromise arrived at between the parties. The report further stated that the compromise was voluntary, genuine and without any coercion and that no accused was a proclaimed offender. 

 

From the perusal of the enclosed FIR, the report of the Trial Court and the compromise arrived between the parties, the Court opined that it transpired that the contesting parties amicably resolved their issue, thus, no useful purpose would be served by continuing the proceedings. 

 

“The alleged offences are of predominantly private in nature and no moral turpitude or interest of public at large is involved”, the Bench held while also adding that there was chance of conviction, the continuance of the proceedings would just waste valuable judicial time and it was well-known fact that courts were already overburdened. 

 

In view of above facts and circumstances, the Court allowed the present petition. Thus, the FIR were quashed qua the petitioner(s). 


 

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