Harshit Ohri And Others vs State Of Punjab And Others
2022 Latest Caselaw 1101 P&H

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH
242
                                                     CRM-M-2995-2020
                                                     Decided on : 02.03.2022

Harshit Ohri and others
                                                                . . . Petitioner(s)
                                        Versus
State of Punjab and another
                                                              . . . Respondent(s)

CORAM:       HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

                          (Through Video Conferencing)

PRESENT: Mr. Ranjan Lakhanpal, Advocate
         for the petitioner(s).

             Mr. Luvinder Sofat, AAG, Punjab.

             Mr. Ankush Singla, Advocate
             for respondent No.2.
                                  ****

MANJARI NEHRU KAUL, J. (Oral)

The instant petition is for quashing of FIR No. 140, dated

05.06.2019, under Sections 406, 498-A, 506 of IPC and Section 66-E of the

IT Act, 2000, registered at Police Station Kotwali, Patiala (annexed as

Annexure P-1) and all the consequential proceedings arising out of the same,

on the basis of compromise arrived at between the parties..

Learned counsel for the petitioners submits that the FIR in

question has arisen out of a matrimonial dispute between the parties.

However, subsequently, with the intervention of the relatives, family friends

and well wishers, the parties had amicably resolved their disputes.

Accordingly, the parties had obtained the divorce by way of mutual consent

in a joint petition u/s 13-B of the Hindu Marriage Act, 1955, vide judgment

& decree dated 05.02.2020.

Vide order dated 23rd January, 2020, of this Court, the parties

were directed to appear before the learned Illaqa Magistrate/trial Court on

20th February, 2020, to get their statements recorded, regarding the

1 of 2

compromise arrived at, between them.

Report has since been received from the learned CJM, Patiala,

in pursuance to the direction of this Court, wherein, the factum of the

compromise arrived at between the parties stands verified and confirmed. As

per the report, compromise has indeed been effected between the parties and

the same is without any pressure or coercion and out of their free will and the

complainant has also made statement to the effect that she would have no

objection if the FIR qua the accused-petitioners is quashed. The trial Court

has annexed the photocopies of the statements of the parties along with its

report.

Learned State counsel too submits that there are no other

accused other than the petitioners and respondent No.2 is the only aggrieved

person in the FIR in question.

In view of the report of the learned learned CJM, Patiala, and

the principles laid down by the Apex Court in Gian Singh Vs. State of

Punjab and others (2012) 10 SCC 303, and in Narinder Singh and others

Vs. State of Punjab and another, 2014(2) R.C.R. (Criminal) 482, the

instant petition is allowed. The aforesaid FIR and all consequential

proceedings arising out of it, are quashed.

Needless to say the parties shall remain bound by the terms of

compromise and their statements recorded before the Court below.

(MANJARI NEHRU KAUL) JUDGE March 02, 2022 J.Ram

Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No

2 of 2