Bhajan Lal and Others Vs. State of Punjab and Another - Court Judgment

SooperKanoon Citationsooperkanoon.com/1056379
CourtPunjab and Haryana High Court
Decided OnJan-28-2013
AppellantBhajan Lal and Others
RespondentState of Punjab and Another
Excerpt:
crl. misc. not m-34883 o”1. .in the high court of punjab and haryana at chandigarh criminal misc. not m-34883 of 2012 (o&m) date of decision : january 28th, 2013 bhajan lal and others ...petitioners versus state of punjab and another ...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.sarwinder goyal, advocate, for the petitioner. ms.anmol grewal, aag, punjab, for the state vijender singh malik, j. bhajan lal, parkash chand, niranjan kaur, usha rani and satnam singh, the petitioners have brought this petition under the provisions of section 482 cr. p.c., for quashing of fir no.25 dated 9.4.2012 registered at police station bilga, tehsil phillaur, district jalandhar (annexure p1) for an offence punishable under sections 406, 498-a and 506 of indian penal code along with all the subsequent proceedings arising out of the same on the basis of compromise (annexure p2).while issuing notice of motion, the parties were directed to appear before learned illaqa magistrate on 22.11.2012 for getting their crl. misc. not m-34883 o”2. .statements recorded in support of the compromise. learned judicial magistrate ist class, phillaur has sent her report in this regard through learned district & sessions judge, jalandhar. she has reported that she had recorded the statements of the parties, who have supported the factum of compromise. she has concluded her report by submitting that the parties have already settled their grievances amicably and that the compromise arrived at between them through the intervention of the respectable persons and relatives, is without any pressure or coercion from anyone. 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 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.25 dated 9.4.2012 registered at police station bilga, tehsil phillaur, district crl. misc. not m-34883 o”3. .jalandhar (annexure p1) for an offence punishable under sections 406, 498-a and 506 ipc alongwith all subsequent proceedings arising therefrom. (vijender singh malik) judge january 28th , 2013 som
Judgment:

Crl.

Misc.

not M-34883 o”

1. .IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.

not M-34883 of 2012 (O&M) Date of Decision : January 28th, 2013 Bhajan Lal and others ...Petitioners Versus State of Punjab and another ...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.Sarwinder Goyal, Advocate, for the petitioner.

Ms.Anmol Grewal, AAG, Punjab, for the State VIJENDER SINGH MALIK, J.

Bhajan Lal, Parkash Chand, Niranjan Kaur, Usha Rani and Satnam Singh, the petitioners have brought this petition under the provisions of section 482 Cr.

P.C., for quashing of FIR No.25 dated 9.4.2012 registered at Police Station Bilga, Tehsil Phillaur, District Jalandhar (Annexure P1) for an offence punishable under sections 406, 498-A and 506 of Indian Penal Code along with all the subsequent proceedings arising out of the same on the basis of compromise (Annexure P2).While issuing notice of motion, the parties were directed to appear before learned Illaqa Magistrate on 22.11.2012 for getting their Crl.

Misc.

not M-34883 o”

2. .statements recorded in support of the compromise.

Learned Judicial Magistrate Ist Class, Phillaur has sent her report in this regard through learned District & Sessions Judge, Jalandhar.

She has reported that she had recorded the statements of the parties, who have supported the factum of compromise.

She has concluded her report by submitting that the parties have already settled their grievances amicably and that the compromise arrived at between them through the intervention of the respectable persons and relatives, is without any pressure or coercion from anyone.

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 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.25 dated 9.4.2012 registered at Police Station Bilga, Tehsil Phillaur, District Crl.

Misc.

not M-34883 o”

3. .Jalandhar (Annexure P1) for an offence punishable under sections 406, 498-A and 506 IPC alongwith all subsequent proceedings arising therefrom.

(VIJENDER SINGH MALIK) JUDGE January 28th , 2013 som