Punjab-Haryana High Court
Gurjeet Singh And Ors vs State Of Punjab And Another on 28 July, 2022
307 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-7743-2022(O&M)
Date of decision: 28.07.2022
GURJEET SINGH AND ORS. ...PETITIONERS
VERSUS
STATE OF PUNJAB AND ANR. ...RESPONDENTS
CORAM: HON'BLE MR. JUSTICE VIVEK PURI
Present: Mr. K.S.Saini, Advocate for the petitioners.
Mr. Hittan Nehra, Addl. AG, Punjab.
Mr. N.S. Dandiwal, Advocate for respondent No.2.
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VIVEK PURI,J. (ORAL)
Petitioners have approached this Court by way of instant petition
under Section 482 Cr.P.C. invoking its inherent jurisdiction for quashing of FIR
No.93 dated 09.11.2018 under Sections 406/498-A IPC (Section 323/315 IPC
added later on), registered at Police Station City Singh Bhagwantpur, District
Ropar and all the consequential proceedings arising therefrom, on the basis of
compromise.
On 23.03.2022, parties were directed to appear before the Trial
Court/Illaqa Magistrate 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 send its report regarding genuineness and voluntary nature of the
compromise.
In compliance of the order dated 23.03.2022, learned Additional
District & Sessions Judge, Rupnagar has recorded the statements of the parties
and submitted the report, the relevant para whereof reads as under:-
"It is further submitted that as per statements suffered by
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the complainant/victim, accused and Investigating
Officer, the point wise information sought by the Hon'ble
High Court is as under:-
1. Number of persons arrayed as accused in FIR---3
(Three).
2. Whether any accused is proclaimed offender---
No.
3. Whether the compromise is genuine, voluntary
and without any coercion or undue influence----The
compromise effected between the parties appears to be
genuine and it was effected with their own free will and
without any threat, coercion or undue influence.
4. Whether the accused persons are involved in any
other case or not--- It is submitted that as per the
statement of Investigating Officer one other case bearing
FIR No. 246 dated 09.12.2015, under Section
365/506/148 IPC Police Station City Rupnagar was
registered against accused Balwinder Singh in which he
had already been acquitted on 15.09.2016.
5. Recording of statement of Investigating Officer as
to how many victims/complainants are there in the FIR---
Statement of Investigating Officer was recorded and as
per her statement there is only one victim/complainant
namely Sarabjot Kaur daughter of Sh. Harnek Singh
resident of House No. 251, Ward No. 5, Kurali, District
Mohali in the present FIR. "
Learned counsel for the petitioners contend that the matrimonial
dispute has been amicably settled between the parties through mediation at
Rupnagar in terms of settlement dated 21.10.2021(Annexure P-2). The marriage
between petitioner No.1 and respondent No.2 has been dissolved by a decree of
divorce by mutual consent under Section 13-B of Hindu Marriage Act in terms of
judgment and decree dated 26.05.2022 passed by the Family Court at Rupnagar.
A sum of Rs. 4,00,000/- has been paid on account of permanent alimony. No
other case is pending between the parties.
Learned counsel for respondent No.2 states that he has no objection
if FIR is quashed.
After hearing the learned counsel for the parties and going through
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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. The compromise is without any
pressure and 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.
Considering the peculiar facts and circumstances of the case noted
above, coupled with the reasons aforementioned and to secure the ends of
justice, FIR No.93 dated 09.11.2018 under Sections 406/498-A IPC (Section
323/315 IPC added later on), registered at Police Station City Singh
Bhagwantpur, District Ropar and all the consequential proceedings arising
therefrom, are ordered to be quashed, however, qua the petitioners only.
Resultantly, with the above-said observations made, the instant
petition stands allowed.
28.07.2022 (VIVEK PURI)
renubala JUDGE
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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