Kultaj Singh vs State Of Punjab And Others
2022 Latest Caselaw 14035 P&H

CRM-M-53167-2021 (O&M)
CRM-M-38007-2022 (O&M)                                                  -1-

128/1         IN THE HIGH COURT OF PUNJAB AND HARYANA
                       AT CHANDIGARH

                                                Date of Decision: 10.11.2022

1.                                              CRM-M-53167-2021 (O&M)

KULTAJ SINGH                                           ... PETITIONER
                 V/S
STATE OF PUNJAB AND OTHERS                             ... RESPONDENTS


2.                                               CRM-M-38007-2022 (O&M)

GURMAIL SINGH AND ANOTHER                              ... PETITIONERS
                 V/S
STATE OF PUNJAB AND OTHERS                             ... RESPONDENTS

CORAM: HON'BLE MR. JUSTICE VIVEK PURI

Present:      Mr. T.S.Chandok, Advocate for the petitioner
              in CRM-M-53167-2021 and for respondent No.3
              in CRM-M-38007-2022.
              Ms. Ruchika Sabherwal, DAG Punjab.
              Mr.Ravinder Singh, Advocate for
              Mr. Inder Mangat, Advocate for respondent No.2.
              Mr. N.S. Swaitch, Advocate for the petitioners
              in CRM-M-38007-2022 and for respondent Nos.3 and 4
              in CRM-M-53167-2021.
              ***

VIVEK PURI, J. (ORAL)

This order shall dispose of CRM-M-53167-2021 and CRM-M-

38007-2022.

CRM-34349-2022 in CRM-M-38007-2022

This is an application for placing on record the amended memo

of parties.

Notice in the application.

By recording no objection from the counsel opposite, the

amended memo of parties is allowed to be taken on record, subject to all

just exceptions.

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 CRM-M-53167-2021 (O&M)
CRM-M-38007-2022 (O&M)                                                  -2-

Registry is directed to tag the same at the appropriate place.

Disposed of.

Main case

Present petitions under Section 482 Cr.P.C. are for quashing of

FIR No. 24 dated 20.08.2019, under Sections 406/498-A IPC, 1860,

registered at Police Station Women Cell, District SAS Nagar and all the

consequential proceedings arising therefrom, on the basis of compromise

(Annexure P-2).

In terms of the order dated 28.03.2022 passed in CRM-M-

53167-2021, 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 send its report regarding genuineness of the compromise.

In compliance of the order dated 28.03.2022, learned Judicial

Magistrate Ist Class, SAS Nagar has recorded the statements of the parties

and submitted the report, the relevant portion whereof reads as under:-

"1. As per the statement of IO, Shyam Singh No. 108/SAS Nagar, Posted at PS Women Cell, SAS Nagar, there are three accused persons namely Kultaj Singh, Roop Kaur and Gurmail Singh.

2. As per the statement of IO, Shyam Singh No. 108/SAS Nagar, Posted at PS Women Cell, SAS Nagar, none of the accused have been declared proclaimed offender.

3. As per those statements of the parties to the case, this court is of the considered view and has acquired its satisfaction that the parties have arrived at a compromise with their free consent and voluntarily and genuinely.

4. As per the statement of IO, Shyam Singh No. 108/SAS Nagar, Posted at PS Women Cell, SAS Nagar, that there is no other criminal case pending

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CRM-M-53167-2021 (O&M) CRM-M-38007-2022 (O&M) -3-

against the above said accused in PS Women Cell, Mohali.

5. As per the statement of IO, Shyam Singh No. 108/SAS Nagar, Posted at PS Women Cell, SAS Nagar, that there is only one complainant namely Parwinder Kaur in this FIR."

It may be mentioned here that at the time of submission of

report in CRM-M-53167-2021, the statements of respondent Nos. 3 and 4

who have instituted a separate petition bearing CRM-M-38007-2022 for

quashing the same FIR has also been recorded.

Learned counsel for the petitioners contend that the name of

the petitioners and their other relatives were mentioned in the complaint

submitted by respondent No.2 but the FIR has been registered only against

the petitioners. The marriage of Kultaj Singh, petitioner was solemnized

with respondent No.2 on 21.03.2018 but no child has been born from the

wedlock. The matrimonial dispute has been amicably settled between the

parties in terms of compromise dated 19.11.2019, Annexure P-2. The

marriage of Kultaj Singh, 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 27.07.2022 passed

by the Court of learned Addl. Sessions Judge, Family Court, SAS Nagar

(Mohali) camp at Kharar. A sum of Rs. 20 Lakhs has been paid to

respondent No.2 on account of permanent alimony. No other case is

pending between the parties.

Learned counsel for respondent No.2 has acknowledged this

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

quashed.

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 CRM-M-53167-2021 (O&M)
CRM-M-38007-2022 (O&M)                                                  -4-

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 petitions are allowed and FIR No. 24

dated 20.08.2019, under Sections 406/498-A IPC, 1860, registered at Police

Station Women Cell, District SAS Nagar and all the consequential

proceedings arising therefrom are quashed qua the petitioners only.

10.11.2022                                      (VIVEK PURI)
Janki                                              JUDGE
              Whether speaking/reasoned : Yes/No
              Whether reportable       : Yes/No


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