Dalvir Singh vs State Of Punjab And Anr
2022 Latest Caselaw 6546 P&H

CRM-M-959-2022                                                        -1-

269         IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH

                                              CRM-M-959-2022
                                              Date of Decision: 11.07.2022


DALVIR SINGH                                         ... PETITIONER

                          V/S

STATE OF PUNJAB AND ANOTHER                          ... RESPONDENTS


CORAM: HON'BLE MR. JUSTICE VIVEK PURI

Present:    Mr. Ravi Malhotra, Advocate for the petitioner.

            Ms. Ruchika Sabherwal, AAG Punjab.

            Mr. Vipan Kumar, Advocate for respondent No.2.
            ***

VIVEK PURI, J. (ORAL)

Present petition under Section 482 Cr.P.C. is for quashing of

FIR No. 0118 dated 30.06.2017 under Sections 323/498-A/406 IPC

registered at Police Station Kartarpur, District Jalandhar and all the

consequential proceedings arising therefrom, on the basis of compromise

(Annexure P-2).

On 01.02.2022, the parties were directed to appear before the

Trial Court and get their statements recorded with regard to the compromise

arrived at between them. The Trial Court was directed to record the

statements of all the concerned and sent its report regarding genuineness of

the compromise.

In compliance of the order dated 01.02.2022, learned Judicial

Magistrate 1st Class, Jalandhar has recorded the statements of the parties and

submitted the report, the relevant para whereof reads as under:-

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"The parties were present with their counsel and got recorded their statements in respect to the compromise taken place between them. All the parties are duly identified by their counsels.

The compliance report as decided by Hon'ble High Court is as following:

1. This case FIR no. 118 dated 30.06.2017 U/S 323, 406, 498-A IPC of PS, Kartarpur was lodged on the complaint of Usha Raní W/o Dalvir Singh. After investigation in this case challan was presented in Court on 16.08.2017 against accused Dalvir Singh son of Mohan Singh. On 17.02.2022 complainant Usha Rani alongwith his counsel advocate Sh. Baldev Parkash and similarly accused Dalvir Singh alongwith his counsel advocate Sh. Deepak Moudgil appeared in Court and suffered a statement regarding their compromise. Copy of the statement of complainant and accused are attached herewith.

Both the complainant and accused have compromised the matter. There is no grudge remain between parties. The compromise is voluntarily, without any pressure or coercion.

2. In this case no accused has been declared proclaimed offender by the Court.

3. In this case charges were framed against the accused Dalvir Singh vide order dated 02.12.2017, U/s 323, 406 and 498-A IPC. Now the trial was pending at the stage of recording of prosecution evidence.

4. This Court is of the opinion that the compromise effected between the complainant and accused is genuine, voluntarily and out of their free will. "

Learned counsel for the petitioner contends that the

matrimonial dispute has been amicably settled between the parties in terms

of the compromise, Annexure P-2. The marriage of the petitioner and

respondent No.2 has been dissolved by a decree of divorce by mutual

consent under Section 13-B of the Hindu Marriage Act in terms of the

judgment and decree dated 31.01.2022 passed by the Court of learned

Principal Judge, Family Court, Jalandhar. A sum of Rs. 11,50,000/- has

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been paid on account of permanent alimony. The custody of the minor son

shall remain with respondent No.2. The other cases pending between the

parties have been withdrawn.

Learned counsel for respondent No.2 has acknowledged this

fact and has stated that he has no objection if the aforementioned FIR is

quashed.

After hearing learned counsel for the parties and going through

the record of the case, this Court is of the considered opinion that it is a fit

case for exercising the inherent jurisdiction of this Court under Section 482

Cr.P.C., so as to secure the ends of justice because the parties have arrived

at a settlement, out of the Court, by way of compromise (Annexure P-2).

The compromise is without any pressure and is a genuine one. In such a

situation, continuation of the prosecution would result in sheer abuse of

process of law.

The controversy in the instant case does not indicate that the

same involves heinous or serious offences and furthermore, the matrimonial

dispute has been sought to be amicably settled. Consequently, a deserving

case is made out where the Court should exercise the power to secure the

ends of justice.

For the aforesaid view, this Court finds support from

Kulwinder Singh and others Vs. State of Punjab and another, 2007(3)

RCR (Criminal) 1052, upheld by Hon'ble Apex Court in Gian Singh Vs.

State of Punjab and others (2012) 10 SCC 303.

Accordingly, the present petition is allowed and FIR No. 0118

dated 30.06.2017 under Sections 323/498-A/406 IPC registered at Police

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Station Kartarpur, District Jalandhar and all the consequential proceedings

arising therefrom are quashed qua the petitioner only.

11.07.2022                                            (VIVEK PURI)
Janki                                                    JUDGE



              Whether speaking/reasoned : Yes/No
              Whether reportable       : Yes/No




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