Judgment:
In the High Court of Punjab and Haryana at Chandigarh .....Criminal Misc.
No.M-18806 of 2014 ....Date of decision:11.7.2014 Sandeep Verma and others .....Petitioners v.
State of Punjab and another .....Respondents ...Coram: Hon'ble Mr.Justice Inderjit Singh ....Present: Mr.R.S.Mamli, Advocate for the petitioneRs.Mr.K.S.Aulakh, Assistant Advocate General, Punjab for the respondent-State.
Mr.Surender Saini, Advocate for the complainant- respondent No.2....Inderjit Singh, J.
This petition has been filed under Section 482 Cr.P.C.praying for quashing of FIR No.383 dated 14.9.2013 (Annexure-P.1) registered for the offences under Sections 406 and 498-A IPC at Police Station Zirakpur, Tehsil Dera Bassi, District S.A.S.Nagar (Mohali) and all subsequent proceedings arising therefrom in view of the compromise.
The marriage of petitioner No.1 Sandeep Verma was solemnized with complainant-Manpreet Kaur on 12.10.2011 according to Hindu customs and rites prevailed in the society.
After the marriage, the marriage was cohabited and out of the wedlock of respondent No.2 and Parmar Harpal Singh 2014.08.02 16:29 I attest to the accuracy and integrity of this document Chandigarh Cr.
Misc.
No.M-18806 of 2014 [2].petitioner No.1, one male child, namely, Pratham Verma was born on 16.9.2012.
However, after the marriage some differences have arisen between husband and wife and the above said FIR was registered for the above mentioned offences against the petitioneRs.Now with the intervention of `Baradari' respectable persons of the area, the matrimonial dispute has amicably been resolved as husband and wife have decided to live together.
Keeping in view the fact that the parties have entered into a compromise, they were directed to appear before the learned trial Court for getting their statements recorded in support of the compromise.
After doing the needful, learned Judicial Magistrate Ist Class, Dera Bassi has sent her report dated 7.7.2014 submitting that the compromise arrived at between the parties is without any pressure or coercion from any one and the same is genuine one.
Complainant Manpreet Kaur has stated that she has made compromise with her husband Sandeep Verma and as per the compromise she along with her minor son, namely, Pratham Verma is presently residing with her husband.
They are living in a good manner and accordingly she does not want to pursue her case any more against her husband Sandeep Verma and his parents.
She has entered into compromise without any pressure, coercion and undue influence of anybody and she has no objection if the FIR is quashed.
Learned Assistant Advocate General, Punjab, on instructions from the Investigating Officer and learned counsel for complainant- respondent No.2 admit the factum of compromise and submit that in case Parmar Harpal Singh 2014.08.02 16:29 I attest to the accuracy and integrity of this document Chandigarh Cr.
Misc.
No.M-18806 of 2014 [3].the parties have indeed settled their matrimonial dispute, the State would have no objection to the quashing of the FIR in view of the law laid down by the Hon'ble Supreme Court.
I have gone through the record and have heard learned counsel for the petitioners as well as learned Assistant Advocate General, Punjab and learned counsel for complainant-respondent No.2.
In a decision, based on compromise, none of the parties is a loser.
Rather, compromise not only brings peace and harmony between the parties to a dispute, but also restores tranquility in the society.
After considering the nature of offences allegedly committed and the fact that both the parties have amicably settled their matrimonial dispute, continuance of criminal prosecution would be an exercise in futility, as the chances of ultimate conviction are bleak.
The Hon'ble Supreme Court in Gian Singh v.
State of Punjab and another, 2012 (4) RCR (Cr.) 543, has held that the inherent jurisdiction of this Court under Section 482 Cr.P.C.can be exercised to quash the proceedings in respect of criminal cases arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry etc.or the family disputes where the wrong is basically private or personnel in nature and the parties have resolved their entire dispute even though they are not compoundable.
Therefore, keeping in view the fact that the matrimonial dispute has been amicably settled and the law laid down in Gian Singh v.
State of Punjab and another (supra).this petition is Parmar Harpal Singh 2014.08.02 16:29 I attest to the accuracy and integrity of this document Chandigarh Cr.
Misc.
No.M-18806 of 2014 [4].allowed and FIR No.383 dated 14.9.2013 (Annexure-P.1) registered for the offences under Sections 406 and 498-A IPC at Police Station Zirakpur, Tehsil Dera Bassi, District S.A.S.Nagar (Mohali) and all subsequent proceedings arising out of the same are hereby quashed.
July 11, 2014.
(Inderjit Singh) Judge *hsp* Parmar Harpal Singh 2014.08.02 16:29 I attest to the accuracy and integrity of this document Chandigarh