Jasmair Singh vs The State Of Haryana
- SCC(2022) 9 SCC 73
- Neutral2022 INSC 905
- SCR[2022] 14 SCR 420
Ratio decidendi
The rule this decision rests on
Where parties to a criminal prosecution have arrived at a settlement and agreed to give quietus to proceedings lodged between them, the matter is eminently suitable for exercise of jurisdiction under Section 482 of the Code of Criminal Procedure to quash the proceedings, applying the law as declared in Gian Singh v. State of Punjab.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1444 OF 2022 (Arising out of SLP (Crl.) No.5724 of 2022)
JASMAIR SINGH & ANR. Appellants
VERSUS
STATE OF HARYANA & ANR. Respondents
O R D E R
Leave granted.
This appeal arises out of the judgment and order dated
07.04.2022 passed by the High Court of Punjab and Haryana at
Chandigarh in CRM-M No.974 of 2022.
The appellant husband is facing prosecution in crime
registered pursuant to First Information Report No.55 dated
14.02.2016 lodged with Police Station Pehowa, District Kurukshetra,
Haryana, in respect of offences punishable under Sections 323, 406,
498-A and 506 of the Indian Penal Code, 1860 (“IPC” for short).
A Memo of Compromise dated 23.12.2021 was entered into between
the appellant husband and respondent no.2-wife in respect of all
the pending litigations between the parties.
In accordance with said compromise, the appellant filed CRM-M
No.974 of 2022 under Section 482 of the Code of Criminal Procedure,
1973 Signature Not Verified (“Cr.P.C.” for short) praying for quashing of the crime Digitally signed by NEETU KHAJURIA
registered pursuant to First Information Report No.55 of 2016. Date: 2022.09.08 18:02:46 IST Reason:
The
request having been turned down, the instant appeal has been
preferred by the appellant-husband.
2
It is not disputed that a settlement was arrived at between
the appellant-husband and the respondent no.2-wife.
Since the parties have buried the hatchet and have decided to
give quietus to the proceedings which were lodged inter se, going
by the law declared by this Court in Gian Singh v. State of Punjab,
(2012) 10 SCC 303, the case was eminently suitable to be considered
for exercise of jurisdiction under Section 482 of the Code.
We, therefore, allow this appeal, take the settlement on
record and quash the proceedings registered pursuant to First
Information Report No.55 dated 14.02.2016 lodged with Police
Station Pehowa, District Kurukshetra, Haryana, in respect of
offences punishable under Sections 323, 406, 498-A and 506 of the
IPC.
.................................CJI. [UDAY UMESH LALIT]
.................................J. [S. RAVINDRA BHAT] NEW DELHI;
SEPTEMBER 05, 2022
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