CRM-M 19627 of 2009 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Decided on Oct 13,2009
Naveen Kumar Aggarwal and others --.Petitioners
Versus
State of U.T,Chandigarh and another --Respondents
CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN
PRESENT: Mr.A.K.Khunger, Advocate,for the petitioners
Ms.Ashima Mor,Advocate for U.T,Chandigarh, for
respondent No.1.
Mr.Kamal Singh, Advocate,for respondent No.2.
Rakesh Kumar Jain, J: (Oral)
This is a petition under Section 482 of Code of Criminal
Procedure, 1973 (for short,’ Cr.P.C.’) for quashing of FIR No. 13
dated 09.1.2007 registered under Sections 406,498-A IPC at Police
Station, Sector 39, Chandigarh.
Petitioner Nos. 1 and respondent No. 2 got married on
31.8.2001 at Chandigarh and out of their wedlock, a male child,
namely Pratham was born on 11.2.2004. The aforesaid FIR has been
registered at the instance of respondent No.2. in which a compromise
has been effected between Shyam Sunder Aggarwal and Smt.Krishna
Aggarwal (petitioners Nos. 2 and 3) through Special power of Attorney
CRM-M 19627 of 2009 2
of petitioner No.1 on 16.7.2009. The compromise deed has been
witnessed by Mr.A.P.S.Guliani, Advocate and Mrs.Manjeet
Kaur,Advocate.
The petitioners have now filed this petition for quashing
of the FIR(Annexure P-1) on the basis of compromise (Annexure P-2).
Petitioner No.1 is being represented by Vijendra Kumar son of Om
Parkash, who has been given Special Power of Attorney by Naveen
Aggarwal (petitioner No.1) on 20.7.2008, for quashing of the FIR on
the basis of compromise.
On behalf of the petitioners, Special Power of Attorney
and Shyam Sunder Aggarwal (petitioner No.2) are present in Court
who have been identified by their Counsel Mr.A.P.S. Guliani,
Advocate. Petitioner No.3 Smt.Krishna Aggarwal could not appear in
the Court due to her ailment. On the other hand, respondent No.2.
Shilpi Aggarwal is also present in Court with her father Sh. Sunil
Choudhry,Advocate, who have been identified by their counsel
Mr..Kamal Singh,Advocate.
In terms of the compromise Annexure P-2, a draft of
Rs.5.00 lakh drawn in the name of Shilpi (respondent No.2) is handed
over to her by Mr.A.P.S.Guliani, Advocate, for the petitioners. It is
further submitted by the learned counsel for the petitioners that since
the matter has been compromised, therefore, in view of the Full Bench
decision of this Court in the Case of Kulwinder Singh and others Vs.
State of Punjab and another 2007 (3) R.C.R (Criminal) 1052, the
aforesaid FIR (Annexure P1) and all other proceedings emanating
CRM-M 19627 of 2009 3
therefrom may be quashed.
Mr.Kamal Singh, learned counsel for respondent No.2 has
raised no objection to the quashing of the FIR.
After hearing the learned counsel for the parties and
keeping in view the facts and circumstances of the case in which
the parties have settled their dispute outside the Court to lead their
lives amicably afresh, the present petition is allowed and FIR No. 13
dated 09.1.2007 under Sections 406,498-A IPC at Police Station,Sector
39, Chandigarh and all other proceedings arising therefrom are hereby
quashed.
October 13,2009 (Rakesh Kumar Jain) RR Judge