Punjab-Haryana High Court
Beenu Garg And Others vs State Of Punjab And Others on 5 March, 2024
Author: Gurvinder Singh Gill
Bench: Gurvinder Singh Gill
2024:PHHC:032091
In the High Court for the States of Punjab and Haryana
At Chandigarh
CRM-M-1325-2022 (O&M)
Date of Decision:-5.3.2024
Beenu Garg and others ... Petitioners
Versus
State of Punjab and others ... Respondents
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present:- Mr. Mohit Kakkar, Advocate for the petitioners.
Mr. Vishavjeet Singh Virk, DAG, Punjab.
Mr. J.S. Toor, Addl.P.P., U.T., Chandigarh.
Mr. Bhupinder Ghai, Advocate for respondent No.3.
*****
GURVINDER SINGH GILL, J. (Oral)
1. The petitioners seek quashing of FIR No.64, dated 30.3.2012 registered at
Police Station City Sangrur, Punjab, under Sections 323, 325 of Indian Penal
Code, wherein offences under Sections 452, 506, 34 and 201 IPC were
added later on, and all subsequent proceedings emanating therefrom on the
basis of a compromise stated to have been effected between the parties.
2. The matter arises out of a dispute between husband i.e. Vikas Garg @ Jaggi
and his wife i.e. Beenu Garg. Beenu Garg lodged FIR i.e. FIR No.03, dated
3.1.2012 at Police Station City Sangrur, under Section 307 of Indian Penal
CRM-M-1325-2022 (O&M) (2) 2024:PHHC:032091
Code, wherein Vikas Garg @ Jaggi stands convicted vide order or sentence
dated 15.12.2018 pursuant to judgment dated 10.12.2018 passed by learned
Additional Sessions Judge, Chandigarh and has been sentenced as under:
Name of the Offence Under Imprisonment Fine In default of
Convict Section payment of
fine
Vikas Garg 307 IPC RI for 10 years Rs.50,000/- RI for one
year
3. The husband i.e. Vikas Garg @ Jaggi had also lodged FIR against Beenu
Garg and other members of her family i.e. FIR No.64, dated 30.3.2012 at
Police Station City Sangrur, Punjab, under Sections 323, 325 of Indian Penal
Code, wherein offences under Sections 452, 506, 34 and 201 of Indian Penal
Code were added later on.
4. Subsequently, the matter was amicably resolved amongst the parties.
Pursuant to the compromise/settlement arrived at between the parties,
marriage between Vikas Garg @ Jaggi and Beenu Garg already stands
dissolved by way of a decree of divorce by mutual consent.
5. While Vikas Garg @ Jaggi challenged his conviction by way of filing
criminal appeal before this Court i.e. CRA-S-71-2019, Beenu Garg and
others filed the present petition i.e. CRM-M-1325-2022 seeking quashing of
FIR No.64, dated 30.3.2012 on the basis of compromise.
6. Vide order dated 1.2.2022, the parties had been directed to appear before the
Illaqa Magistrate/Trial Court so as to get their statements recorded qua the
factum of compromise.
7. Report of learned Judicial Magistrate 1 st Class, Chandigarh has been
received, wherein it has been reported that joint statement of
CRM-M-1325-2022 (O&M) (3) 2024:PHHC:032091
petitioners/accused Beenu Garg, Sunita Devi, Manish Kumar and also of
respondent No.3 namely Vikas Garg have been recorded to the effect that
they have compromised the matter amongst themselves.
8. Respondent No.3 namely Vikas Garg in his statement has stated that he has
no objection in case the FIR in question is quashed.
9. Learned Judicial Magistrate 1 st Class, Chandigarh has specifically opined
that the parties have entered into compromise voluntarily and without any
undue influence.
10. In view of the aforesaid compromise and bearing in mind the law laid down
by Full Bench of this Court in 2007(3) RCR (Crl.) 1052 Kulwinder Singh
and others Vs. State of Punjab, the present petition is allowed and FIR
No.64, dated 30.3.2012 registered at Police Station City Sangrur, Punjab,
under Sections 323, 325 of Indian Penal Code, wherein offences under
Sections 452, 506, 34 and 201 IPC were added later on and all subsequent
proceedings emanating therefrom are hereby quashed qua petitioners.
5.3.2024 ( Gurvinder Singh Gill )
pankaj Judge
Whether reasoned/speaking Yes / No
Whether reportable Yes / No
