Judgment:
Crl.
Misc.
not M-7760 o”
1. .IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.
not M-7760 of 2013 (O&M) Date of Decision: May 9th, 2013 Balbir Singh and others ...Petitioners Versus The State of Punjab and others ..Respondents CORAM : HON'BLE Mr.JUSTICE VIJENDER SINGH MALIK 1 Whether Reporters of local papers may be allowed to see the judgment?.
2.Whether to be referred to the Reporters or not?.
3.Whether the judgment should be reported in the Digest?.
Present Mr.Pankaj Maini, Advocate, for the petitioneRs.Ms.Anmol Grewal, A.A.G.Punjab, for the State.
VIJENDER SINGH MALIK, J.
Balbir Singh, Labh Singh and Bachan Kaur, the petitioners have brought this petition under the provisions of section 482 Cr.
P.C., for quashing of FIR No.84 dated 29.7.2009 (Annexure P1) registered at Police Station Sadar Dhuri, District Sangrur for an offence punishable under section 498-A read with section 34 IPC alongwith all the subsequent proceedings arising out of the same on the basis of compromise dated 3.12.2012 (Annexure P/3).While issuing notice of motion, the parties were directed to appear before learned Illaqa Magistrate on 26.03.2013 for getting their statements recorded in support of the compromise.
Learned Sub Crl.
Misc.
not M-7760 o”
2. .Divisional Judicial Magistrate, Dhuri has sent his report in this regard.
He has reported that he has recorded the statements of the parties in support of the compromise and has found that their statements are voluntary and without any influence or pressure.
The contested decisions made by the courts leave scars on the litigants who lose the battle.
In a decision based on compromise, none is a loser and, therefore, none suffers any such scar.
Compromise not only brings peace and harmony between the parties to a dispute but also restores tranquility in the society.
The compromise (Annexure P2) appears to be just and fair, brought about without there being any pressure on the wife, effect of which is of advancing the cause of justice.
In view of the ratio of decision of this court in Dharambir versus State of Haryana, 2005 (3) RCR (Criminal) 426, a case regarding non- compoundable matrimonial offence, as is the present case, can be quashed on the basis of compromise.
Thus, keeping in view the fact that the parties have settled the dispute and that the settlement between them is just and fair, brought about without any pressure upon any one and that the same would be securing the ends of justice, I accept the petition and quash FIR No.84 dated 29.7.2009 (Annexure P1) registered at Police Station Sadar Dhuri, District Sangrur for an offence punishable under section 498-A read with section 34 IPC alongwith all subsequent proceedings arising therefrom.
(VIJENDER SINGH MALIK) JUDGE May 9th, 2013 som