Punjab-Haryana High Court
Amarjit Kaur And Ors vs State Of Punjab And Anr on 8 September, 2022
CRM-32690-2022 IN/& CRM-M-10378-2022 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(122)
CRM-32690-2022 IN/& CRM-M-10378-2022
Date of decision : 08.09.2022
Amarjit Kaur and others ...Petitioners
Versus
State of Punjab and another ...Respondents
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL
Present:- Mr. Preetwinder Singh Dhaliwal, Advocate
for the applicants-petitioners.
Mr. P.S.Grewal, DAG, Punjab respondent No.1
Mr. Supneet Singh, Advocate for respondent No.2.
...
SUVIR SEHGAL, J. (Oral)
CRM-32690-2022
Noticing the prayer made in the application, it is allowed.
The date of hearing of the main case is advanced from 22.11.2022
to today and it is ordered to be taken on Board.
Along with the instant application, applicant-petitioner has
appended judgment and decree dated 07.04.2022 passed by the Principal
Judge, Family Court, Ferozepur as Annexure P-5, in a petition under
Section 13-B of Hindu Marriage Act, 1955. Although, there is no prayer for
placing it on the record, but the same are taken on record as Annexure P-5.
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CRM-M-10378-2022
On 24.03.2022, this Court passed the following order in the main
case:-
"Prayer in this petition is for quashing of FIR No.16
dated 03.09.2021 under Sections 498-A, 406 and 323 of IPC,
1860, registered at Police Station Women, District Ferozepur,
Annexure P-1, along with all consequential proceedings
arising therefrom, on the basis of panchayati
compromise/settlement dated 24.01.2022, Annexure P-2,
arrived at between the parties.
Counsel for the petitioners submits that petitioner
No.2 is the husband of complainant/respondent No.2,
petitioners No.1, 3 and 4 are relatives of petitioner No.2. He
submits that marriage of petitioner No.2 was solemnized with
complainant/respondent No.2 on 09.10.2010 and two children
were born out of the wedlock, but due to irrevocable
differences between them and different temperament, they
could not pull along and have been staying separately for the
last more than 1 ½ years. He submits that the matrimonial
dispute has been settled by virtue of panchayati compromise,
Annexure P-2, and a petition has been filed under Section 13-
B of the Hindu Marriage Act, 1955, seeking divorce by mutual
consent. Counsel has made a reference to the first motion
recorded in the divorce petition to submit that the petitioner
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No.2 has agreed to pay a sum of Rs.22 lacs as permanent
alimony, out of which Rs.12 lacs has been paid and the
balance is to be paid at the time of recording of the second
motion in August 2022.
Notice of motion.
On asking of the Court, Mr. Kirat Singh Sidhu,
DAG, Punjab, who is present through video conferencing,
accepts notice on behalf of respondent No.1-State. As per
information received by him from ASI Pritam Singh, the
matter is under investigation and none of the accused-
petitioners have been declared as Proclaimed Offender. Mr.
Supneet Singh, Advocate accepts notice on behalf of the
complainant/respondent No.2 and has filed his Vakalatnama,
which is taken on record. 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 Area Magistrate/Trial Court on 04.05.2022
or any date thereafter as fixed by the trial court, for getting
their statements recorded with regard to the compromise. The
Area Magistrate/Trial Court shall submit a report on or
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
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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 Area Magistrate/Trial Court be awaited
for 18.08.2022.
Judgment and decree of divorce passed under
Section 13-B of the Hindu Marriage Act, 1955, be placed on
the record before the next date."
Counsel for the petitioners submits that balance amount of
Rs.10,00,000/- has been paid and by referring to the judgment and decree,
Annexure P-5, he asserts that marriage has been dissolved by mutual
consent. These facts have been ascertained by the counsel for complainant-
respondent No.2 and he has submitted that respondent No.2 does not have
any objection in case the petition is allowed.
Heard counsel for the parties.
Pursuant to the above reproduced order, report has been received
from the Trial Court and relevant extract of which is as under:-
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"i. As per the statement of ASI Pritam Singh
No.936/FZR P.S.Women Ferozepur there are only four
accused namely Amarjit Kaur, Prabhjot Singh, Amanpreet
Singh and Jaspreet Singh arrayed in the FIR and they all
appeared in the Court and made their statements. No accused
is declared as proclaimed offender in the present case and no
other criminal case is pending against above accused.
ii. As per the statement of ASI Pritam Singh
No.936/FZR P.S.Women Ferozepur, Harpreet Kaur is the
complainant in the present case and she has made statement
in the Court.
iii. No paper is pending before the Court.
iv. As per the statement of ASI Pritam Singh
No.936/FZR P.S.Women Ferozepur, no other criminal case is
pending against the accused.
v. From the statement of the parties, the compromise
seems to be genuine and voluntary."
Considering the fact that FIR, Annexure P-1 is an outcome of the
matrimonial dispute, which has been settled and marriage has been
dissolved, this Court is of the opinion that continuation of the criminal
proceedings would not serve any purpose.
Keeping in view the dictum of the Hon'ble Supreme Court in
Gold Quest International Private Limited Versus The State of Tamil
Nadu and others (2014) 15 SCC 235 and Ramgopal and another Versus
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The State of Madhya Pradesh 2021 (4) RCR (Criminal) 322, petition is
allowed. FIR No.0016 dated 03.09.2021, registered for offences under
Sections 498-A, 406 and 323 of the Indian Penal Code, 1860, at Police
Station Women, District Ferozepur, Annexure P-1, as well as all
consequential proceedings arising therefrom, are quashed qua the
petitioners.
(SUVIR SEHGAL)
JUDGE
08.09.2022
Pardeep
Whether Speaking/Reasoned Yes
Whether Reportable Yes
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