Punjab-Haryana High Court
Parvinder Singh And Others vs State Of Haryana And Another on 7 May, 2022
CRM-M-53610-2021 (O & M) -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
246+119 CRM-M-53610-2021 (O & M)
Date of decision:07.05.2022
Parvinder Singh and others ... Petitioners
Vs.
State of Haryana and another ... Respondents
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL
Present: Mr. Karunesh Kaushal, Advocate
for the petitioners.
Ms. Ankita Ahuja, AAG, Haryana.
Ms. R. Akanksha, Advocate for
Mr. Abhay, Advocate
for the complainant/respondent No.2.
***
SUVIR SEHGAL J. (ORAL)
CRM-16518-2022
Allowed as prayed for.
Judgment dated 27.01.2022 passed under Section 13-B of the
Hindu Marriage Act, 1955, is taken on record as Annexure P-4 (re-
numbered as Annexure P-6).
Main Case
Instant petition has been filed under Section 482 of Cr.P.C. for
quashing of FIR No.231 dated 03.07.2021 under Sections 323, 406, 498-
A and 34 of IPC, 1860, registered at Police Station City Mandi Dabwali,
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CRM-M-53610-2021 (O & M) -2-
District Sirsa, Annexure P-1, along with all consequential proceedings
arising therefrom, on the basis of compromise dated 23.11.2021,
Annexure P-2.
Counsel for the petitioners submits that petitioner No.1 is the
husband and petitioners No.2 and 3 are the in-laws of the
complainant/respondent No.2. He submits that marriage of petitioner
No.1 was solemnized with complainant/respondent No.2 on 25.06.2015
and two daughters were born out of the wedlock. He submits that the
relations between the parties became strained on account of petty issues
and they have been residing separately for the last more than two years.
Counsel submits that the marital dispute has been settled by a settlement
agreement, Annexure P-2, arrived at before the Mediation and
Conciliation Centre of this Court, marriage has been dissolved, entire
permanent alimony of Rs.2.50 lakh has been paid and the litigation
instituted by the complainant/respondent No.2 has been withdrawn. He
submits that as per the terms of the settlement, both the daughters are in
the custody of respondent No.2.
State counsel has filed reply by way of an affidavit of Deputy
Superintendent of Police, Dabwali, District Sirsa, which is taken on
record and upon instructions from PSI Manish Kumar, she submits that
matter is under investigation.
Counsel for the complainant/respondent No.2 does not dispute
the compromise and supported the prayer made in the petition.
Heard counsel for the parties.
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Vide order dated 11.01.2022, this Court directed the parties to
appear before the Area Magistrate/Trial Court to get their statements
recorded with regard to the factum of compromise and a report was
called for, which has been received and its relevant extract is reproduced
as under:-
" (i) The name of the complainant and all accused
arrayed in the FIR; whether all of them have
appeared and made their respective statements in
support of the compromise so effected between
them:
Complainant is Keematpal Kaur @
Kimatpal Kaur in the present FIR and there are
three accused namely 1. Parvinder Singh, 2.
Paramjeet Singh, 3. Beant Kaur in the present FIR.
Complainant and all accused persons have
appeared before the Court and made their
statements qua compromise between the parties.
(ii) Whether any of the accused has been declared a
proclaimed offender;
On the basis of statement made by accused
persons, it is respectfully submitted that no accused
is declared proclaimed offender/person in the
present case.
(iii) The stage of trial/ proceedings;
Ahlmad has reported in this regard that
the remand paper or challan/final report in present
case have not (sic been) filed till date.
(iv) If the compromise so arrived at between the
parties is genuine,voluntarily and out of free will.
On 14.02.2022, both the parties appeared
and their statements were recorded. Complainant
Keematpal Kaur @ Kimatpal Kaur made a
statement that the matter has been compromised
with the accused persons voluntarily, with free
consent and without any pressure/coercion and the
present FIR may be quashed. Thereafter, a joint
statement of accused persons namely 1. Parvinder
Singh, 2. Paramjeet Singh, 3. Beant Kaur has also
been recorded and they have also stated that the
matter has been compromised with the complainant
with free consent and without any
pressure/coercion.
From the statements of both the parties,
the compromise appears to be genuine, voluntary
and out of free will.
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Both the parties were identified by their
respective learned counsels. It appears that the
compromise arrived between the parties is with their
own free will, is genuine and for benefit of both the
parties."
FIR, Annexure P-1, has emanated from a matrimonial dispute,
which has been voluntarily compromised, marriage has been dissolved,
entire amount of permanent alimony has been paid and custody of
children has been settled. In this backdrop and judgments of the Supreme
Court in Narinder Singh Versus State of Punjab (2014) 6 SCC 466 and
Ramgopal and another Versus The State of Madhya Pradesh 2021 (4)
RCR (Criminal) 322, this Court is of the opinion that keeping the
criminal proceedings alive would not serve any purpose and they deserve
to be set aside.
Accordingly, petition is allowed. FIR No.231 dated 03.07.2021
under Sections 323, 406, 498-A and 34 of IPC, 1860, registered at Police
Station City Mandi Dabwali, District Sirsa, Annexure P-1, and all the
consequent proceedings arising therefrom, are quashed qua the
petitioners.
07.05.2022 (SUVIR SEHGAL)
sheetal JUDGE
Whether Speaking/Reasoned Yes/No
Whether Reportable Yes/No
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