Vardan Giri vs State Of Punjab And Another
2022 Latest Caselaw 14087 P&H

CRM-M-40406-2022                                                     -1-

263         IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH

                                              CRM-M-40406-2022
                                              Date of Decision: 10.11.2022


VARDAN GIRI                                           ... PETITIONER

                          V/S

STATE OF PUNJAB AND ANOTHER                           ... RESPONDENTS


CORAM: HON'BLE MR. JUSTICE VIVEK PURI

Present:    Ms. Monika Jangra, Advocate for the petitioner.
            Mr. Karan Garg, AAG Haryana.
            Mr. Raman Kumar, Advocate for
            Mr. Rahul Kumar Adia, Advocate respondent No.2.

            ***

VIVEK PURI, J. (ORAL)

Present petition under Section 482 Cr.P.C. is for quashing of

FIR No. 133 dated 21.10.2021 under Sections 498-A/406 IPC registered at

Police Station Naya Gaon, District Kharar, Punjab and all the consequential

proceedings arising therefrom, on the basis of compromise (Annexure P-2).

On 05.09.2022, 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 05.09.2022, learned Judicial

Magistrate 1st Class, Kharar has recorded the statements of the parties and

submitted the report, the relevant para whereof reads as under:-

"1. There is one person arraigned as accused in FIR.

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2. No accused has been declared proclaimed offender.

3. From statement of above persons, ex-facie, it transpire that the compromise is genuine, voluntary and out of free will of the parties qua complainant and accused.

4. The accused person is not involved in any other case,

5. There is only one victim/complainant in the FIR. "

Learned counsel for the petitioner contends that the marriage of

the petitioner was solemnized with respondent No.2 on 28.02.2020 but no

child has been born from the wedlock. The matrimonial dispute has been

amicably settled between the parties in terms of compromise deed dated

22.08.2022 (Annexure P-2). The marriage of 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

31.10.2022 passed by the learned Family Court, Panchkula. The claim of

respondent No.2 for permanent alimony and istridhan has been settled. The

marriage of the sister of the petitioner was solemnized with brother of

respondent No.2 and the matrimonial dispute had also cropped up between

them. Even their marriage has been dissolved by a decree of divorce by

mutual consent. The FIR has also been lodged at the instance of the sister

of the petitioner and in terms of amicable settlement, a petition for quashing

the FIR has also been instituted in this Court. 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.

After hearing 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 (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 petition is allowed and FIR No. 133

dated 21.10.2021 under Sections 498-A/406 IPC registered at Police Station

Naya Gaon, District Kharar, Punjab and all the consequential proceedings

arising therefrom are quashed qua the petitioner only.

10.11.2022                                            (VIVEK PURI)
Janki                                                    JUDGE



              Whether speaking/reasoned : Yes/No
              Whether reportable       : Yes/No


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