Baljinder Singh vs State Of Punjab And Another
2022 Latest Caselaw 14906 P&H

CRM-M-1578-2020                                                 -1-

278         IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH

                                              CRM-M-1578-2020
                                              Date of Decision: 22.11.2022


BALJINDER SINGH                                      ... PETITIONER
                 V/S
STATE OF PUNJAB AND ANOTHER                          ... RESPONDENTS


CORAM: HON'BLE MR. JUSTICE VIVEK PURI

Present:    Mr. Sarbjit Singh, Advocate for the petitioner.
            Mr. Hittan Nehra, Addl. A.G. Punjab.
            Mr. G.S.Thind, Advocate for respondent No.2.

            ***

VIVEK PURI, J. (ORAL)

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

FIR No. 110 dated 10.07.2019, under sections 406, 498-A IPC registered at

Police Station Kamboj, District Amritsar Rural and all the consequential

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

On 15.01.2020 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 15.01.2020, learned Chief

Judicial Magistrate, Amritsar has recorded the statements of the parties and

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

"1. Number of persons arrayed as accused in FIR.

Only one person namely Baljinder Singh is arrayed as accused in FIR.

2. Whether any accused is proclaimed

1 of 3

offender.

Accused has not been declared as proclaimed offender.

3. The stage of trial/proceeding. The Investigation of case is still pending and challan has not been presented so far.

4. Whether the compromise is genuine, voluntarily and without any coercion or undue influence.

From the statements of the petitioner/accused and the complainant/respondent, this court is of the opinion that their compromise is genuine and voluntary and is without any coercion or undue influence."

Learned counsel for the petitioner contends that the marriage of

petitioner was solemnized with respondent No.2 on 01.02.2018 but no child

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

amicably settled between the parties in terms of the Settlement Agreement,

Annexure P-2 in Mediation and Conciliation Center of this Court. The

marriage of the petitioner with 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 24.09.2020 passed

by the learned Family Court, Amritsar. A sum of Rs. 10,50,000/- has been

paid to respondent No.2 on account of permanent alimony. She has also

received all her articles of istridhan. 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

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 2 of 3

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. 110

dated 10.07.2019, under sections 406, 498-A IPC registered at Police

Station Kamboj, District Amritsar Rural and all the consequential

proceedings arising therefrom are quashed qua the petitioner only.

22.11.2022                                            (VIVEK PURI)
Janki                                                    JUDGE

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




                                3 of 3