Quashing of FIR based on Settlement: Legal Analysis

In a recent legal case, the court analyzed a petition seeking the quashing of an FIR registered in 2016. The court focused on the settlement reached between the parties, leading to the decision to quash the offenses mentioned in the FIR under IPC sections 323, 406, 498-A, and 506. The case highlights the significance of settlements in legal proceedings and the court’s role in upholding such agreements.

Facts

  • Appellant husband facing prosecution in crime registered under IPC Sections 323, 406, 498-A, and 506.
  • Memo of Compromise dated 23.12.2021 entered into between husband and wife resolving all pending litigations.
  • Appellant filed petition under Section 482 Cr.P.C. seeking quashing of the crime registered in 2016.
  • Petition for quashing denied, leading to the current appeal.

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Analysis

  • The case is suitable for consideration under Section 482 of the Code due to the burying of the hatchet by the parties.
  • Settlement reached between appellant-husband and respondent no.2-wife is not disputed.
  • Reference to the law declared in Gian Singh v. State of Punjab for exercising jurisdiction.

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Decision

  • The appeal is allowed.
  • The settlement is accepted and recorded.
  • The proceedings registered based on the FIR lodged on 14.02.2016 in Police Station Pehowa, District Kurukshetra, Haryana, are quashed.
  • The offenses under Sections 323, 406, 498-A, and 506 of the IPC are mentioned in the FIR.

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Case Title: JASMAIR SINGH Vs. THE STATE OF HARYANA (2022 INSC 907)

Case Number: Crl.A. No.-001444-001444 / 2022

Click here to read/download original judgement

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