Sarbjit Kaur Vs. State of Punjab and ors. - Court Judgment

SooperKanoon Citationsooperkanoon.com/1143205
CourtPunjab and Haryana High Court
Decided OnMay-06-2014
AppellantSarbjit Kaur
RespondentState of Punjab and ors.
Excerpt:
1 in the high court of punjab & haryana at chandigarh crl. misc. no.m-27863 of 2013(o&m) date of decision : 06.05.2014 sarbjit kaur .....petitioner versus state of punjab & ors..respondents coram:- hon'ble ms.justice anita chaudhry present: mr.sunil chadha, senior advocate with mr.rahul bhargav, advocate for the petitioner. mr.gazi mohd., dag punjab. mr.d.s.pheruman, advocate for respondent no.2. mr.maharaj kumar, advocate for respondent no.3. ___ anita chaudhry, j. the petitioner is seeking quashing of the fir no.204 dated 17.11.2011 (annexure p-1) registered under sections 420, 467, 468 and 471 of indian penal code and section 12 of the passports act, police station dakha, district ludhiana rural and subsequent proceedings taken therein, on the basis of compromise entered between the parties. before proceeding further, few facts require a mention. the marriage between petitioner jasvir singh sidhu and respondent no.2 harwinder kaur was solemnized on 05.05.2003. sharma jiten 2014.05.14 11:40 i attest to the accuracy and integrity of this document high court chandigarh 2 there were temperamental differences and respondent no.2 launched criminal prosecution against her husband and other in- laws, including the petitioner, who is the sister-in-law. the petitioner filed crl. misc. no.38695 of 2011 and sought quashing of the fir thereby raising several grounds. before the matter could be heard on merits, the petitioner filed instant petition seeking quashing of the fir as the parties had compromised the matter. counsel for the petitioner has pointed out that the instant case was outcome of the dispute going on between the parties and now the parties have put to rest all their disputes amicably. as per the compromise, it had been decided to withdraw all the cases pending against each other. the brother of the petitioner and respondent no.2 have also decided to part way, on certain terms and conditions as stipulated in compromise (annexure p-2).affidavit (annexure p-3) of complainant harwinder kaur has also been annexed with the petition, wherein there is reference of withdrawal of all the cases pending against the parties, including the fir in question. learned counsel for the parties have also referred to the report received from the trial court in crl. misc. no.26412 of 2013, wherein the factum of compromise has been admitted and on that basis fir no.153 dated 14.10.2008, under sections 406, 494 and 498-a, between the parties, has been quashed. it has also been pointed out that the charge against the petitioner under section 12 of the passports act has been sharma jiten 2014.05.14 11:40 i attest to the accuracy and integrity of this document high court chandigarh 3 deleted by the revisional court vide order dated 02.07.2013 and the only offence left against the petitioner is under sections 420, 467, 468 and 471 ipc. this position has not been controverted by the learned state counsel. he further admits that the petitioner is the only accused and respondent no.2 is the only aggrieved person in the fir. since the complainant has decided to withdraw from the prosecution, there are very bleak chances of success of prosecution. no useful purpose would be served to keep the proceedings pending. in view of the aforesaid facts and the principles laid down by the full bench judgment of this court in kulwinder singh & ors.versus state of punjab & anr. 2007(3) rcr(crl.) 1052, approved by hon'ble the apex court in gian singh versus state of punjab & ors.2012(10) scc303 the instant petition is allowed and the aforesaid fir as well as impugned criminal complaint and all consequent proceedings conducted therein are quashed. needless to say that parties shall remain bound by the terms of compromise and their statements made in the court below. may 06, 2014 (anita chaudhry) jiten judge sharma jiten 2014.05.14 11:40 i attest to the accuracy and integrity of this document high court chandigarh
Judgment:

1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl.

Misc.

No.M-27863 of 2013(O&M) Date of decision : 06.05.2014 Sarbjit Kaur .....Petitioner versus State of Punjab & Ors..Respondents CORAM:- HON'BLE Ms.JUSTICE ANITA CHAUDHRY Present: Mr.Sunil Chadha, Senior Advocate with Mr.Rahul Bhargav, Advocate for the petitioner.

Mr.Gazi Mohd., DAG Punjab.

Mr.D.S.Pheruman, Advocate for respondent No.2.

Mr.Maharaj Kumar, Advocate for respondent No.3.

___ ANITA CHAUDHRY, J.

The petitioner is seeking quashing of the FIR No.204 dated 17.11.2011 (Annexure P-1) registered under Sections 420, 467, 468 and 471 of Indian Penal Code and Section 12 of the Passports Act, Police Station Dakha, District Ludhiana Rural and subsequent proceedings taken therein, on the basis of compromise entered between the parties.

Before proceeding further, few facts require a mention.

The marriage between petitioner Jasvir Singh Sidhu and respondent No.2 Harwinder Kaur was solemnized on 05.05.2003.

Sharma Jiten 2014.05.14 11:40 I attest to the accuracy and integrity of this document High Court Chandigarh 2 There were temperamental differences and respondent No.2 launched criminal prosecution against her husband and other in- laws, including the petitioner, who is the sister-in-law.

The petitioner filed Crl.

Misc.

No.38695 of 2011 and sought quashing of the FIR thereby raising several grounds.

Before the matter could be heard on merits, the petitioner filed instant petition seeking quashing of the FIR as the parties had compromised the matter.

Counsel for the petitioner has pointed out that the instant case was outcome of the dispute going on between the parties and now the parties have put to rest all their disputes amicably.

As per the compromise, it had been decided to withdraw all the cases pending against each other.

The brother of the petitioner and respondent No.2 have also decided to part way, on certain terms and conditions as stipulated in compromise (Annexure P-2).Affidavit (Annexure P-3) of complainant Harwinder Kaur has also been annexed with the petition, wherein there is reference of withdrawal of all the cases pending against the parties, including the FIR in question.

Learned counsel for the parties have also referred to the report received from the trial Court in Crl.

Misc.

No.26412 of 2013, wherein the factum of compromise has been admitted and on that basis FIR No.153 dated 14.10.2008, under Sections 406, 494 and 498-A, between the parties, has been quashed.

It has also been pointed out that the charge against the petitioner under Section 12 of the Passports Act has been Sharma Jiten 2014.05.14 11:40 I attest to the accuracy and integrity of this document High Court Chandigarh 3 deleted by the revisional Court vide order dated 02.07.2013 and the only offence left against the petitioner is under Sections 420, 467, 468 and 471 IPC.

This position has not been controverted by the learned State counsel.

He further admits that the petitioner is the only accused and respondent no.2 is the only aggrieved person in the FIR.

Since the complainant has decided to withdraw from the prosecution, there are very bleak chances of success of prosecution.

No useful purpose would be served to keep the proceedings pending.

In view of the aforesaid facts and the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh & ORS.versus State of Punjab & Anr.

2007(3) RCR(Crl.) 1052, approved by Hon'ble the Apex Court in Gian Singh versus State of Punjab & ORS.2012(10) SCC303 the instant petition is allowed and the aforesaid FIR as well as impugned criminal complaint and all consequent proceedings conducted therein are quashed.

Needless to say that parties shall remain bound by the terms of compromise and their statements made in the Court below.

May 06, 2014 (ANITA CHAUDHRY) Jiten JUDGE Sharma Jiten 2014.05.14 11:40 I attest to the accuracy and integrity of this document High Court Chandigarh