Punjab-Haryana High Court
Anoop Singh And Another vs State Of Punjab And Another on 12 September, 2022
CRM-M-39900-2020 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM -M-39900-2020 (O&M)
Date of Decision: 12.09.2022
ANOOP SINGH AND ANOTHER ... PETITIONERS
VS.
STATE OF PUNJAB AND ANOTHER .. RESPONDENTS
CORAM: HON'BLE MR. JUSTICE VIVEK PURI
Present : Ms. Suman Rani, Advocate for
Mr. I.P.S. Kohli, Advocate
for the petitioners.
Mr. Hittan Nehra, Additional Advocate General, Punjab.
Mr. Sarabjit Singh, Advocate
for respondent No.2.
*****
VIVEK PURI, J.(ORAL)
Through instant petition, the petitioners are seeking to quash the FIR
No. 61 dated 24.08.2018 under Sections 406 and 498-A IPC registered at Women
Police Station District Police Commissionerate Amritsar and all the consequential
proceedings arising therefrom on the basis of compromise.
On 02.08.2021, the parties were directed to get their statements
recorded before the learned Illaqa Magistrate/trial Court.
In compliance of the order dated 02.08.2021, the statements of the
parties have been recorded and the learned Judicial Magistrate 1st Class, Amritsar,
has sent the report which reads as under:-
"Pursuant to the order dated 02.08.2021 passed
by the Hon'ble High Court in CRM-22007 of 2021 in
CRM-M-39900 of 2020, report is hereby submitted to
the effect that the statements of complainant Lovepreet
Jassi aged about 28 years wife of Anoop Singh,
daughter of Balinder Singh Jassi, resident of F11/119,
Gali no.4, Batala Road, Vijay Nagar, Amritsar, Punjab
and accused Anoop Singh, aged about 31 years son of
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CRM-M-39900-2020 (O&M) -2-
Jinder Singh, resident of H.No.624C, type 2, Rail
coach Factory, Kapurthala, Punjab, have been
recorded in case bearing FIR No.61 dated 24.08.2018,
under Sections 406, 498-A of IPC, Police Station
Women (Amritsar). This court is satisfied that the
parties have made an amicable settlement and have
recorded their statements in the court without any
pressure, undue influence or coercion.
I. As per the statement recorded by ASI Parminder Singh
No.473/ASR, total two accused persons arraigned in
the FIR.
II. As per the statement recorded by ASI Parminder Singh
No.473/ASR, no accused person is absconding/PO in
the case.
III.As per the statement recorded by ASI Parminder Singh
No.473/ASR, only one person namely Lovepreet Jass is
complainant/aggrieved in the case.
IV.As per the statement recorded by SI Tarsem Singh
No.585/ASR, challan in this case has not been
presented in the Court yet as investigation is still
pending.
V. It is submitted that both the accused and complainant
appeared before this court for recording their
statements."
Learned counsel for the petitioners contend that the marriage of
petitioner No.1 was solemnized with respondent No.2 on 17.02.2017 but no child
has been born from the wedlock. The marriage of petitioner No.1 and respondent
No.2 has been dissolved by a decree of divorce under Section 13-B of the Hindu
Marriage Act in terms of the judgment and decree dated 02.09.2022 passed by the
Court of learned Principal Judge, Family Court, Amritsar. A sum of Rs.5 lac has
been paid to respondent No.2 on account of permanent alimony and no other case
is pending between the parties.
Learned counsel for respondent No.2 has not disputed the aforesaid
factual aspect(s) and further stated that he has no objection if the FIR is quashed.
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CRM-M-39900-2020 (O&M) -3-
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. The compromise is without any pressure and 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.
Considering the peculiar facts and circumstances of the case noted
above, coupled with the reasons aforementioned and to secure the ends of justice,
FIR No.61 dated 24.08.2018 under Sections 406 and 498-A IPC registered at
Women Police Station District Police Commissionerate Amritsar and all the
consequential proceedings arising therefrom on the basis of compromise are
ordered to be quashed, however, qua the petitioners only.
Resultantly, with the above-said observations made, the instant
petition stands allowed.
12.09.2022 (VIVEK PURI)
smriti JUDGE
Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No
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