HC quashed FIR in a matrimonial dispute on the ground that matter stands amicably resolved between the parties [Read Judgment]

14 Dec 2021

By : Mehak Dhiman

The Punjab and Haryana HC was dealing with the petition filed under Section 482 Cr.PC for quashing of FIR under Sections 406 and 498-A IPC registered at Police Station Women, District Ludhiana and all the consequential proceedings arising out of the same, on the basis of compromise arrived at, between the parties.

The Learned counsel for the petitioners submitted that FIR in question was got registered on account of a matrimonial dispute between the parties. However, subsequently the matter stands amicably resolved between the parties vide compromise and a joint petition under Section 13-B of Hindu Marriage Act has also been filed wherein first motion statement of the parties have been recorded. The parties were directed to appear before the learned trial Court/Illaqa Magistrate on 23.09.2021 to get their respective statements recorded regarding the compromise arrived at, between them.

A Report was received from the JMIC, Ludhiana in pursuance to the direction of the Court. As per the report, compromise has indeed been affected between the parties and the same is without any pressure or coercion and out of their free will. Learned State counsel also submitted that there is no other accused other than the petitioners and the respondent is the only aggrieved person in the FIR in question.

The HC relied upon the report of the learned JMIC, Ludhiana and the principles laid down by the Apex Court in Gian Singh Vs. State of Punjab and others, and in Kulwinder Singh and others Vs. State of Punjab and another, and allowed the instant petition. The HC quashed the FIR along with all consequential proceedings arising out of them.