Punjab-Haryana High Court
Radheshyam And Ors vs State Of Haryana And Another on 24 April, 2023
CRM-M-50757-2022 (O&M) 1
2023:PHHC:058385
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Sr. No.273 CRM-M-50757-2022 (O&M)
Date of Decision: 24.04.2023
Radheshyam and others .... Petitioners
Versus
State of Haryana and another ... Respondents
CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA
Present: Mr. Daljeet Singh Virk, Advocate
for the petitioners.
Ms. Trishanjali Sharma, DAG, Haryana.
Mr. C.S.Jattana, Advocate for
Mr. Arshdeep Singh Brar, Advocate
for respondent No.2/complainant.
3 2 2
TRIBHUVAN DAHIYA, J. (ORAL)
The instant petition has been filed under Section 482 Cr.P.C.
seeking quashing of FIR No.05 dated 06.02.2021, registered under Sections
376-D, 427, 451, 506 and 509 of IPC (Section 376-D IPC has been deleted
and Sections 323, 380, 498-A, 435 and 450 IPC have been added later on) at
Women Police Station, District Sirsa (Annexure P-1) and all consequential
proceedings arising therefrom, in view of the compromise, dated 11.10.2022
(Annexure P-2), entered into between the petitioner(s) and the complainant
to settle their disputes in question.
2. As the parties entered into a compromise to resolve their
disputes which led to registration of the criminal case, they were directed to
appear before the Illaqa Magistrate/trial Court for getting their statements
recorded in that regard, vide order dated 10.01.2023. Pursuant thereto, a
report dated 27.02.2023 has been received from Judicial Magistrate 1* Class,
MANINDER
2023.04.27 17:55
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authenticity of this order/judgment.
CRM-M-50757-2022 (O&M) 2
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Sirsa, at Flag 'A', stating that the compromise arrived at between the parties
is without any pressure, coercion or undue influence. There is no criminal
case pending against the petitioner(s), nor have they been declared
proclaimed person(s).
3. Learned State counsel and learned counsel appearing on behalf
of respondent No.2-complainant admit the factum of compromise, and
submit that they have no objection to quashing of the FIR on that basis.
4. It has been held by the Supreme Court of India in cases Gian
Singh v. State of Punjab and another, 2012(10) SCC 303 and State of
Madhya Pradesh v. Laxmi Narayan and others, (2019) 5 SCC 688, that
criminal cases having overwhelmingly civil character, particularly those
arising out of commercial transactions or matrimonial relationships or family
disputes, should be quashed when the parties have resolved their disputes
among themselves in a bona fide manner by entering into a compromise.
5. Further, reference can also be made to Full Bench judgment of
this Court in Kulwinder Singh and others v. State of Punjab and another,
2007(3) R.C.R.(Criminal) 1052, holding that on the parties settling their
disputes by way of a compromise, the High Court in exercise of power under
Section 482 Cr.P.C. can allow the compounding of non-compoundable
offences also, and quash the criminal proceedings to prevent abuse of the
process of law or otherwise to secure the ends of justice. The power is not
confined to matrimonial disputes alone.
6. A perusal of the allegations in the FIR as well as the aforesaid
report establishes that the present case, arising out of matrimonial
relationship, falls in the category of cases that can be quashed by the High
Court in exercise of its inherent jurisdiction under Section 482 Cr.P.C., as
per law laid down in the aforementioned judgments. Undisputedly, the FIR
2028.08.07 17:55 was lodged by the complainant against her own husband and his friends
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CRM-M-50757-2022 (O&M) 3
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alleging offences under Sections 376-D, 427, 451, 506 and 509 IPC. Later,
during investigation, offence under Section 376-D of IPC was deleted since
the matter has been compromised. The petitioners have no criminal
antecedents. The offences alleged are not heinous in nature and cannot be
termed as crime against the society; nor do they show mental depravity of
the petitioners. Since disputes between the parties have been amicably
resolved by way of the compromise, continuation of criminal proceedings
will be an exercise in futility as chances of ultimate conviction are not there,
and it will hamper their peaceful coexistence even after resolution of
disputes.
7. Consequently, this petition is allowed. FIR No.05 dated
06.02.2021, registered under Sections 376-D, 427, 451, 506 and 509 of IPC
(Section 376-D IPC has been deleted and Sections 323, 380, 498-A, 435 and
450 IPC have been added later on) at Women Police Station, District Sirsa,
and all consequential proceedings arising therefrom are hereby quashed qua
the petitioners.
(TRIBHUVAN DAHTYA)
JUDGE
24.04.2023
Maninder
Whether speaking/reasoned --_: Yes/No
Whether reportable : Yes/No
MANINDER
2023.04.27 17:55
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authenticity of this order/judgment.
