Punjab-Haryana High Court
Mohd. Munir vs State Of Punjab And Another on 12 September, 2022
CRM-M-13583 of 2022 (O&M) {1}
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
135+281 CRM-M-13583 of 2022 (O&M)
Date of decision:12.09.2022
Mohd. Munir ... Petitioner
Vs.
State of Punjab and another ... Respondents
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL
Present:- Mr. Abdul Aziz, Advocate
for the petitioner.
Mr. Vipin Pal Yadav, Addl.A.G.Punjab.
Mr. Supneet Singh, Advocate for
Mr. Pradeep Singh, Advocate
for respondent No.2.
SUVIR SEHGAL, J. (Oral)
CRM No.33880 of 2022
Application is allowed as prayed for.
Talaq-E-Bayen (Talaknama) dated 07.02.2022 is taken on
record as Annexure P-3.
CRM-M-13583 of 2022
On 31.03.2022, this Court passed the following order:-
"Prayer in this petition is for quashing of FIR No.14
dated 22.01.2020 under Sections 498-A and 406 of IPC, 1860,
registered at Police Station City-2, Malerkotla, District
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CRM-M-13583 of 2022 (O&M) {2}
Malerkotla, Annexure P-1, along with all consequential
proceedings arising therefrom, on the basis of compromise
dated 04.03.2022, Annexure P-2, arrived at between the
parties.
Counsel for the petitioner submits that Nikah of the
petitioner was performed with the complainant/respondent
No.2 five years ago. However, the matrimonial dispute arose
between the parties and FIR, Annexure P-1, was registered at
the instance of complainant/respondent No.2. Counsel submits
that the marriage between the parties has been dissolved by
way of Talak Nama (Talak-E-Bayen) as per Muslim Law
(Shariyat) on 07.02.2022. By referring to the affidavit of the
petitioner, 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 instructions received by him from ASI Harpal Singh, matter
is under investigation. Mr. Pradeep Singh, Advocate accepts
notice on behalf of the complainant/respondent No.2 and has
filed his Power of Attorney 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
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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."
By referring to Talaq-E-Bayen, Annexure P-3, counsel for the
petitioner submits that parties have divorced by mutual consent.
Heard counsel for the parties.
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Report has been received from the Trial Court pursuant to
above reproduced order and its relevant extract is as under:-
"1. There is only on accused namely Mohd. Munir arraigned in
the FIR and he appeared today i.e. On 12.05.2021 (sic 2022)
for recording his statement in compliance of order dated
31.03.2022 passed by the Hon'ble High Court. As per
statement of accused and I.O., accused has never been
declared proclaimed offender.
2. The name of complainant is Saima, wife of Mohd. Munir
daughter of Abdul Sattar, resident of Khushal Basti, Eidgah
Road, Malerkotla, District Malerkotla and she appeared today
i.e on 12.05.2022 for recording of her statement in support of
compromise.
3. As per record, only FIR is received yet and challan has not
been presented.
4. As per statements of parties, the compromise is genuine,
voluntarily and out of their free will.
5. As per statement of accused, an application under Section
125 Cr.P.C., is pending against him which is filed by
complainant."
It is evident that FIR (Annexure P-1) is an outcome of a
matrimonial dispute, which has been settled and parties have ended the
relationship with divorce.
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In view of the above developments, report of the Trial Court
and judgment of Supreme Court in 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 continuation of criminal
proceedings would be a futile exercise.
Accordingly, the petition is allowed. FIR No.14 dated
22.01.2020 under Sections 498-A and 406 of IPC, 1860, registered at Police
Station City-2, Malerkotla, District Malerkotla (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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