Gurcharan Singh And Ors vs State Of Punjab And Another
2022 Latest Caselaw 10636 P&H

CRM No.32694 of 2022 in/and                                      {1}
CRM-M-7172 of 2022 (O&M)


            IN THE HIGH COURT OF PUNJAB & HARYANA
                       AT CHANDIGARH

                                          CRM No.32694 of 2022 in/and
121                                       CRM-M-7172 of 2022 (O&M)
                                          Date of decision:07.09.2022


Gurchran Singh and others                      ... Petitioners

                           Vs.

State of Punjab and another                    ... Respondents


CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL

Present:-    Mr. Harshit Jain, Advocate
             for the petitioners.

             Mr. P.S.Grewal, DAG, Punjab.

             Mr. Gurbir Singh Sidhu, Advocate
             for respondent No.2.


SUVIR SEHGAL, J. (Oral)

CRM No.32694 of 2022

For the reasons given in the application, it is allowed.

The date of hearing of the main case is advanced from

10.10.2022 to today and it is ordered to be taken up on Board.

CRM No.32696 of 2022

Application is allowed as prayed for.

Judgment and decree dated 21.07.2022 passed under Section

13-B of Hindu Marriage Act, 1955 is taken on record as Annexure P-6.

CRM-M-7172 of 2022




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 CRM No.32694 of 2022 in/and                                     {2}
CRM-M-7172 of 2022 (O&M)

On 22.02.2022, this Court passed the following order:-

"Heard through video conferencing.

This is the second petition for quashing of FIR No.46

dated 07.07.2018 under Sections 406 and 498-A of IPC, 1860,

registered at Police Station Women, District Ludhiana,

Annexure P-1, along with all consequential proceedings

arising therefrom, on the basis of compromise dated

04.02.2022, Annexure P-5, arrived at between the parties.

Counsel for the petitioners submits that the first petition

(CRM-M-4299-2022) was withdrawn on 03.02.2022 with

liberty to file a fresh one with better particulars. He submits

that petitioner No.1 is the husband of complainant/respondent

No.2 and petitioners No.2 and 3 are her in-laws. Besides, the

said persons, Arvinder Singh, brother-in-law of the

complainant/respondent No.2 was also an accused, but he has

unfortunately expired. Counsel submits that the marriage of

petitioner No.1 was solemnized with the

complainant/respondent No.2 on 24.11.2012 and a daughter

was born out of the wedlock, but due to temperamental

differences, the parties could not pull along and all efforts

made for reconciliation failed. He submits that a compromise,

Annexure P-5, has been entered into between the parties,

wherein, it has been agreed that the custody of the minor will

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CRM No.32694 of 2022 in/and {3} CRM-M-7172 of 2022 (O&M)

remain with the complainant. As per the instructions received

by him, counsel for the petitioners submits that a petition

seeking divorce by mutual consent has been filed under Section

13-B of the Hindu Marriage Act, 1955, first motion has been

recorded and the second motion is to be recorded on

04.07.2022, when the entire permanent alimony of Rs.7 lacs

will be paid to the complainant.

Notice of motion.

On asking of the Court, Mr. Dhruv Dayal, Senior DAG,

Punjab, who is present through video conferencing, accepts

notice on behalf of respondent No.1-State. On basis of

instructions received from ASI Vipan Kumar, he submits that

investigation has been concluded and final report has been

presented before the Trial Court. Mr. Gurbir Singh Sidhu,

Advocate accepts notice on behalf of the

complainant/respondent No.2. He admits the factum of

compromise as well as statement made by counsel for the

petitioners.

The parties and Investigating Officer are directed to

appear before the Illaqa Magistrate/Trial Court on 04.03.2022

or on any date thereafter as fixed by the trial court, for getting

their statements recorded with regard to the compromise. The

Illaqa Magistrate/Trial Court shall submit a report on or

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CRM No.32694 of 2022 in/and {4} CRM-M-7172 of 2022 (O&M)

before the next date of hearing specifying the following:-

1. the number of accused arraigned in the FIR and how

many have appeared before it and have made statements

and whether any accused is absconding/P.O. in the case;

2. the name of the complainant and injured/aggrieved

and whether all of them have appeared and made their

statements in support of the compromise;

3. the stage of trial/proceedings;

4. if the compromise is genuine, voluntary and out of free

will of the parties.

5. whether any other criminal case is pending against

the accused.

Report of Illaqa Magistrate/Trial Court be awaited for

10.08.2022. "

Counsel for the petitioners submits that in terms of the

compromise, permanent alimony of Rs.7.00 lacs has been paid to the

complainant-respondent No.2 and marriage has been dissolved by judgment

and decree, Annexure P-6.

Report has been received from the Trial Court pursuant to

above reproduced order and its relevant extract is as under:-

"1. It is respectfully submitted that as per the statement of

Investigating Officer and report of the concerned Ahlmad,

there are four persons namely Gurcharan Singh, Gurmel Kaur,

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CRM No.32694 of 2022 in/and {5} CRM-M-7172 of 2022 (O&M)

Chamkaur Singh @ Karam singh and Harwinder Singh are

arraigned in the present FIR, out of which one accused namely

Harwinder Singh son of Chamkaur Singh @ Karam Singh has

expired during the trial. Only three accused i.e. petitioners

have appeared and made their statement regarding the

compromise. The accused/petitioners have not been

absconding/PO in this case nor any criminal case is pending

against them.

2. Further, the name of the complainant/injured/aggrieved is

Gurjeet Kaur i.e. Respondent No.2, who has appeared and

made her statement in support of the compromise.

3. The case was fixed for filing the reply to application for

discharging the accused.

4. So, from the statements of the parties, it appears to the Court

that the parties have compromised the matter out of their free

Will, voluntarily, without any sort of pressure, coercion and

fear."

Counsel for the complainant-respondent No.2 has not only

supported the prayer made in the petition, but also submits that respondent

No.2 has received entire permanent alimony.

From the above, it is evident that FIR (Annexure P-1) is an

outcome of a matrimonial dispute, which has been settled and marriage has

been dissolved. Decision regarding custody of the minor child has also been

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CRM No.32694 of 2022 in/and {6} CRM-M-7172 of 2022 (O&M)

taken.

In view of the above development, report of the Trial Court and

judgments of Supreme Court in Narinder Singh Vs. State of Punjab 2014

(6) SCC 466 and Parbatbhai Aahir alias Parbatbhai Bhimsinhbhai

Karmur and others Versus State of Gujarat and another (2017) 9 SCC

641, this Court is of the opinion that prolonging of the criminal proceedings

would increase the agony of the parties, rather setting them aside would

enable them to lead a peaceful and harmonious life.

Accordingly, the petition is allowed. FIR No.46 dated

07.07.2018 under Sections 406 and 498-A of IPC, 1860, registered at Police

Station Women, District Ludhiana, (Annexure P-1) along with all

consequential proceedings arising therefrom, are quashed qua the

petitioners.

                                                         (SUVIR SEHGAL)
September 07, 2022                                           JUDGE
savita

Whether Speaking/Reasoned                                     Yes
Whether Reportable                                            Yes




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