Punjab-Haryana High Court
Amitpal Singh vs State Of Punjab And Another on 12 September, 2022
CRM-M-13599 of 2022 (O&M) {1}
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
134+282 CRM-M-13599 of 2022 (O&M)
Date of decision:12.09.2022
Amitpal Singh ... Petitioner
Vs.
State of Punjab and another ... Respondents
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL
Present:- Mr. Atul Jain, Advocate
for the petitioner.
Mr. Vipin Pal Yadav, Addl.A.G.Punjab.
Mr. Anmol Jindal, Advocate
for respondent No.2.
SUVIR SEHGAL, J. (Oral)
CRM No.33838 of 2022
Application is allowed as prayed for.
Judgment and decree dated 16.08.2022 passed under Section
13-B of Hindu Marriage Act, 1955 is taken on record as Annexure P-3.
CRM-M-13599 of 2022
On 31.03.2022, this Court passed the following order:-
"Prayer in this petition is for quashing of FIR No.124
dated 02.07.2021 under Sections 406 and 498-A of IPC, 1860,
registered at Police Station City Jagraon, District Ludhiana,
Annexure P-1, along with all consequential proceedings
arising therefrom, on the basis of compromise-cum-divorce
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CRM-M-13599 of 2022 (O&M) {2}
deed dated 15.01.2022, Annexure P-2, arrived at between the
parties.
Counsel for the petitioner submits that marriage of the
petitioner was solemnized with complainant/respondent No.2
on 05.08.2018 and there is no child out of the wedlock. He
submits that due to temperamental differences between them,
they have been staying separately since May, 2020 and all
differences have been resolved by virtue of compromise,
Annexure P-2. Counsel submits that in terms of the
compromise, a petition has been filed under Section 13-B of the
Hindu Marriage Act, 1955, seeking divorce by mutual consent.
As per his instructions, out of the permanent alimony of Rs.4
lacs, half of the amount has been paid at the time of recording
of the first motion and the balance is to be paid at the time of
recording of the second motion on 26.07.2022. By referring to
the affidavit filed in support of the petition, counsel submits
that the petitioner has not been declared as Proclaimed
Offender.
Notice of motion.
On asking of the Court, Mr. Dhruv Dayal, Senior DAG,
Punjab, accepts notice on behalf of respondent No.1-State. As
per his instructions from ASI Parminder Kaur, the matter is
under investigation. Mr. Anmol Jindal, Advocate accepts notice
on behalf of the complainant/respondent No.2 and has filed his
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Vakalatnama in Court, which is taken on record. He admits the
factum of compromise as well as statement made by counsel for
the petitioner.
The parties and Investigating Officer are directed to
appear before the Area Magistrate/Trial Court on 12.05.2022
or on 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 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
12.09.2022.
Judgment and decree of divorce passed by mutual
consent be placed on record before the next date"
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Counsel for the petitioner submits that petitioner has paid the
entire permanent alimony of Rs.4.00 lacs to the complainant-respondent
No.2 and the marriage has been dissolved by judgment and decree,
Annexure P-3.
State counsel has filed the status report by way of an affidavit
of Deputy Superintendent of Police, Jagraon, District Ludhiana (Rural) on
behalf of respondent No.1-State, which is taken on record. As per
instructions received by him from ASI Atma Ram, challan has been
presented on conclusion of investigation.
Counsel for the complainant-respondent No.2 has admitted the
receipt of entire permanent alimony as well as the fact that parties have
divorced each other.
Heard counsel for the parties.
Report has been received from the Trial Court in deference to
the above reproduced order and its relevant extract is as under:-
"1. As per statements of the parties and investigating officer,
there is one arrayed accused namely Amitpal Singh in the
present case and no accused is declared proclaimed offender
in the present case.
2. Simran Kaur is the complainant and injured/aggrieved in
the present case and she recorded her statement with regard to
compromise.
3. The case is fixed for 19.07.2022 for issuing notice to
accused.
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4. The compromise effected between the parties is genuine,
voluntary and out of free will of the parties.
5. As per the statement of the parties, no other criminal case is
pending against the accused."
It is evident that FIR (Annexure P-1) is an outcome of a
matrimonial dispute, which has been settled and marriage has been
dissolved.
In view of the above developments, report of the Trial Court
and judgments of Supreme Court in Ramgopal and another Versus The
State of Madhya Pradesh 2021 (4) RCR (Criminal) 322 and B.S.Joshi
and others Vs. State of Haryana and another (2003) 4 SCC 675, this
Court is of the opinion that continuation of criminal proceedings would be a
futile exercise.
Accordingly, the petition is allowed. FIR No.124 dated
02.07.2021 under Sections 406 and 498-A of IPC registered at Police
Station City Jagraon, District Ludhiana, (Annexure P-1) alongwith all
consequential proceedings arising therefrom, are quashed qua the petitioner.
(SUVIR SEHGAL)
September 12, 2022 JUDGE
savita
Whether Speaking/Reasoned Yes
Whether Reportable Yes
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