Punjab-Haryana High Court
Jagjeet Singh vs State Of Punjab And Another on 28 July, 2022
CRM-M-7776-2021 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(272) CRM-M-7776-2021
Date of Decision:- 28.07.2022
Jagjeet Singh ...Petitioner
VERSUS
State of Punjab and another ...Respondents
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL
Present:- Mr. Hoshiar Singh, Advocate for the petitioner.
Mr. Prabhjot Singh Walia, AAG, Punjab
for State-respondent No.1.
Mr. Shantanu Sharma, Advocate
for complainant-respondent No.2.
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SUVIR SEHGAL, J. (Oral)
Instant petition has been filed under Section 482 of the Code of
Criminal Procedure, 1973 for quashing of FIR No.138 dated 25.08.2020,
registered for offences under Sections 406, 498-A, 494, 447 and 448 of the
Indian Penal Code, 1860 and Section 4 of Dowry Prohibition Act, 1961, at
Police Station City Jalalabad, District Fazilka, Annexure P-1, along with all
subsequent proceedings arising therefrom, on the basis of compromise
dated 18.01.2021, Annexure P-2, arrived at between the parties.
Counsel for the petitioner submits that marriage of the petitioner
No.1 was solemnized with complainant-respondent No.2 on 18.02.2012 and
there is no issue out of the wedlock. He submits that FIR, Annexure P-1, is
an outcome of a trivial matrimonial dispute, which has been settled by
virtue of compromise, Annexure P-2, and the couple is living under one
roof.
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Upon instructions received from ASI, Bhagwan Chand, State
counsel submits that the matter is under investigation. He has filed affidavit
of Deputy Superintendent of Police, PBI, Fazilka in compliance of order
dated 18.02.2021 passed by this Court to submit that no other FIR is
registered against the petitioner.
Counsel representing complainant-respondent No.2 has admitted
that factum of compromise and does not controvert the statement of counsel
for the petitioner. He submits that the parties have appeared before the Trial
Court and their statements have been recorded in support of the
compromise.
Heard counsel for the parties.
Vide order dated 18.02.2021, this Court directed the parties to
appear before the Trial Court to get their statements recorded and a report
was called for from the Trial Court/Area Magistrate regarding the
authenticity of the compromise. Report has been received and its relevant
extract is as under:-
"As such, the report is being submitted to the
effect that compromise effected between the parties is
voluntary, genuine and without any kind of undue influence
or pressure. In view of statement of Investigating Officer,
there is no other party involved, who is not party to the
present petition whose consent would have been required."
It is evident that FIR, Annexure P-1, is an offshoot of a
matrimonial dispute, which has been amicably settled and the parties are
residing together.
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On this happy note and keeping in view the report of the Trial
Court and the judgments of the Supreme Court in B.S.Joshi and others
Versus State of Haryana and another (2003) 2 RCR (Criminal) 888 and
Ramgopal and another Versus The State of Madhya Pradesh 2021 (4)
RCR (Criminal) 322, this Court has no hesitation in quashing the criminal
proceedings.
Accordingly, the petition is allowed. FIR No.138 dated
25.08.2020, registered for offences under Sections 406, 498-A, 494, 447
and 448 of the Indian Penal Code, 1860 and Section 4 of Dowry Prohibition
Act, 1961, at Police Station City Jalalabad, District Fazilka, Annexure P- 1,
along with all subsequent proceedings arising therefrom, are quashed qua
the petitioner.
(SUVIR SEHGAL)
JUDGE
28.07.2022
Kamal
Whether Speaking/Reasoned Yes/No
Whether Reportable Yes/No
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