Manish Seth and Others Vs. State of Punjab and Another - Court Judgment

SooperKanoon Citationsooperkanoon.com/1140152
CourtPunjab and Haryana High Court
Decided OnMay-12-2014
AppellantManish Seth and Others
RespondentState of Punjab and Another
Excerpt:
in the high court of punjab and haryana at chandigarh crl. misc. no.m-2929 of2014date of decision : 12th may, 2014 manish seth & others …. petitioners versus state of punjab & another …. respondents coram : hon’ble mr.justice surinder gupta **** present : mr.surinder thakur, advocate for the petitioners.mr.varun sharma, assistant advocate general, punjab. none for respondent no.2. **** surinder gupta, j. (oral) the petitioners have filed this petition under section 482 of the code of criminal procedure (for short, 'cr.p.c.') seeking quashing of the fir no.40 dated 19.10.2011 (annexure p-1) registered for offence under sections 406 & 498-a ipc, police station talwara, district hoshiarpur, on the basis of the compromise (annexure p-2).as per case of the prosecution, the fir in this case was got registered by respondent no.2 with allegations of demand of dowry and her harassment by the petitioners in her matrimonial home. i have heard learned counsel for the parties and perused the case file. crl. misc. no.m-2929 of2014-2- the parties were directed to appear before the trial court and get their statements recorded. the trial court has sent its report dated 03.03.2014 stating therein that the compromise has been effected in between the complainant and the petitioners which appears to be voluntary in nature and without any pressure or coercion. learned state counsel has not disputed the compromise (annexure p-2).the only obstacle in the way of accepting the compromise in order the quash the impugned fir is that the offence under section 498-a ipc is not compoundable. in case kulwinder singh versus state of punjab, 2007 (3) rcr (crl.) 1052, the full bench of this court has held that the fir can be quashed on the basis of the compromise by exercising inherent powers under section 482 cr.p.c.even if the offence is not compoundable. it has been submitted that in the instant case the compromise has been effected with the intervention of the respectables and now the parties wish to live in peace and harmony. keeping all the above facts in view, i am of the considered opinion that it is a fit case in which the impugned fir should be quashed. keeping the case pending will not serve any purpose. the quashing of the fir will provide the parties opportunity to live in an amicable and peaceful atmosphere which is not only good for the parties to this petition but also to their families and ultimately the society at large. the offence in this case is not so heinous or serious that it cannot be settled by the parties through compromise. crl. misc. no.m-2929 of2014-3- as such, the instant petition is allowed and the impugned fir (annexure p-1) along with all consequential proceedings arising therefrom is quashed. 12th may, 2014 (surinder gupta) gupta) ‘raj’ judge raj kumar 2014.05.14 17:43 i attest to the accuracy and integrity of this document chandigarh
Judgment:

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRL.

MISC.

No.M-2929 OF2014DATE OF DECISION : 12TH MAY, 2014 Manish Seth & others ….

Petitioners Versus State of Punjab & another ….

Respondents CORAM : HON’BLE Mr.JUSTICE SURINDER GUPTA **** Present : Mr.Surinder Thakur, Advocate for the petitioneRs.Mr.Varun Sharma, Assistant Advocate General, Punjab.

None for respondent no.2.

**** SURINDER GUPTA, J.

(ORAL) The petitioners have filed this petition under Section 482 of the Code of Criminal Procedure (for short, 'Cr.P.C.') seeking quashing of the FIR No.40 dated 19.10.2011 (Annexure P-1) registered for offence under Sections 406 & 498-A IPC, Police Station Talwara, District Hoshiarpur, on the basis of the compromise (Annexure P-2).As per case of the prosecution, the FIR in this case was got registered by respondent no.2 with allegations of demand of dowry and her harassment by the petitioners in her matrimonial home.

I have heard learned counsel for the parties and perused the case file.

CRL.

MISC.

NO.M-2929 OF2014-2- The parties were directed to appear before the trial court and get their statements recorded.

The trial court has sent its report dated 03.03.2014 stating therein that the compromise has been effected in between the complainant and the petitioners which appears to be voluntary in nature and without any pressure or coercion.

Learned State counsel has not disputed the compromise (Annexure P-2).The only obstacle in the way of accepting the compromise in order the quash the impugned FIR is that the offence under Section 498-A IPC is not compoundable.

In case Kulwinder Singh versus State of Punjab, 2007 (3) RCR (Crl.) 1052, the Full Bench of this Court has held that the FIR can be quashed on the basis of the compromise by exercising inherent powers under Section 482 Cr.P.C.even if the offence is not compoundable.

It has been submitted that in the instant case the compromise has been effected with the intervention of the respectables and now the parties wish to live in peace and harmony.

Keeping all the above facts in view, I am of the considered opinion that it is a fit case in which the impugned FIR should be quashed.

Keeping the case pending will not serve any purpose.

The quashing of the FIR will provide the parties opportunity to live in an amicable and peaceful atmosphere which is not only good for the parties to this petition but also to their families and ultimately the society at large.

The offence in this case is not so heinous or serious that it cannot be settled by the parties through compromise.

CRL.

MISC.

NO.M-2929 OF2014-3- As such, the instant petition is allowed and the impugned FIR (Annexure P-1) along with all consequential proceedings arising therefrom is quashed.

12th May, 2014 (SURINDER GUPTA) GUPTA) ‘raj’ JUDGE Raj Kumar 2014.05.14 17:43 I attest to the accuracy and integrity of this document Chandigarh