Present: Mr. Vikram Chaudhri Senior Advocate with Vs. Smt. Archana Syal and Another - Court Judgment

Crl.

Misc.

M-7569 of 2014 -1- In the High Court of Punjab and Haryana at Chandigarh Crl.

Misc.

M-7569 of 2014 Date of Decision: March 05, 2014 Ravi Syal and others ---Petitioners versus Smt.

Archana Syal and another ---Respondents Coram: Hon'ble MRS.Justice Rekha Mittal Present: Mr.Vikram Chaudhri, Senior Advocate with Ms.Vriti Gujral, Advocate for the petitioners *** 1.

Whether Reporters of local papers may be allowed to see the judgment?.

2.

To be referred to the Reporter or not?.

3.

Whether the judgment should be reported in the Digest?.

*** REKHA MITTAL, J.

The petitioners have prayed for quashing of a petition filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 pending in the Court of Chief Judicial Magistrate, Chandigarh bearing Complaint No.191/2013 dated 14.3.2013 titled “Archana Syal and another versus Ravi Syal and others”.

(Annexure P-1) on the basis of compromise.

Notice of motion.

Mr.P.S.Khurana and Mr.Manpreet Singh, Advocates put in appearance on behalf of respondents.

In the instant case, petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005 was filed by the respondents.

Saini Paramjit Kaur 2014.03.10 17:38 I attest to the accuracy and integrity of this document Chandigarh Crl.

Misc.

M-7569 of 2014 -2- Now the matter has been amicably settled between the parties.

Respondent No.1 is present in Court with her counsel Mr.P.S.Khurana and Mr.Manpreet Singh, Advocates.

Affidavit of respondent No.1 filed in Court is taken on record.

Her statement was recorded in the Court.

An extract from her statement is quoted thus:- “The proceedings under Section 12 of the protection of Women from Domestic violence Act, 2005 were filed by me to claim relief for myself and minor Rohan Sayal.

As the matter has been settled by way of compromise and I have filed my affidavit in this regard today in the Court, according to my free will and consent, the petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005 and proceedings emanating therefrom pending in the Court of Chief Judicial Magistrate, Chandigarh bearing Complaint No.191/2013 dated 14.3.2013 titled “Archana Syal and another versus Ravi Syal and others”.

may be quashed.”

.

Counsel for the petitioners submits that as the parties have amicably settled their differences, no useful purpose would be served by continuation of the criminal proceedings.

I have heard counsel for the parties and perused the records.

There is nothing on record to doubt correctness of the compromise effected between the parties, whereby they have decided to settle their dispute with an intention to live in peace and harmony.

The present proceedings, admittedly, are the off shoot of marital discord between Ravi Syal and Archana Syal, already stands settled.

The present case falls in the category of cases, which can be allowed to be settled by way of compromise, in view of the decision of Hon'ble the Supreme Court of India Saini Paramjit Kaur 2014.03.10 17:38 I attest to the accuracy and integrity of this document Chandigarh Crl.

Misc.

M-7569 of 2014 -3- in Gian Singh v.

State of Punjab and another, 2012(4) R.C.R.(Criminal) 543.

In view of what has been discussed hereinabove, the petition is allowed and petition filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 pending in the Court of Chief Judicial Magistrate, Chandigarh bearing Complaint No.191/2013 dated 14.3.2013 titled “Archana Syal and another versus Ravi Syal and others”.

(Annexure P-1) and proceedings emanating therefrom are ordered to be quashed.

(REKHA MITTAL) JUDGE March 05, 2014 PARAMJIT Saini Paramjit Kaur 2014.03.10 17:38 I attest to the accuracy and integrity of this document Chandigarh