Punjab-Haryana High Court
Dushyant Sharma And Others vs State Of Punjab And Another on 6 May, 2014
Author: Rekha Mittal
Bench: Rekha Mittal
CRM-M-4496-2014(O&M) 1
IN THE PUNJAB & HARYANA HIGH COURT AT CHANDIGARH
CRM-M-4496-2014(O&M)
Date of decision : 06.05.2014
Dushyant Sharma and others
... Petitioners
Versus
State of Punjab and another
... Respondents
CORAM: HON'BLE MRS. JUSTICE REKHA MITTAL
Present: Mr.Bhupinder Ghai, Advocate
for the petitioners.
REKHA MITTAL, J.(ORAL)
The petitioners have prayed for quashing of FIR No.71 dated 26.03.2013, for offence under Sections 420, 495, 406, 498-A, 506, 323, 34 of the Indian Penal Code (in short "IPC") registered at Police Station Navi Baradari, Jalandhar, Punjab on the basis of compromise dated 30.01.2014 (Annexure P2) effected between the parties.
The parties were directed to appear before the trial Court on 26.03.2014 to get their statements recorded with regard to genuineness of compromise.
A report has been submitted by the Judicial Magistrate Ist Class, Jalandhar, wherein it has been reported that the statements of the petitioners and respondent No.2 (complainant) have been recorded and the statements made by the parties in the Court reveal that they have voluntarily entered into a compromise with an intention to live in peace and harmony.
Counsel for the petitioners submits that present FIR has Davinder Kumar 2014.05.09 10:38 I attest to the accuracy and integrity of this document CRM-M-4496-2014(O&M) 2 emerged out of marital discord between complainant Mercy @ Deepika (respondent No.2) and Dushyant Sharma (petitioner No.1) and the dispute between the parties has been amicably settled and in pursuance thereof, Dushyant Sharma and Mercy @ Deepika have started residing together as husband and wife.
Mr.Amarinder Singh Klar, AAG, Punjab has put in appearance on behalf of respondent No.1. He has not disputed correctness of assertions of the petitioners that the matter has been settled by way of compromise between the parties.
I have heard counsel for the parties and perused the case file. There is nothing on record to doubt correctness of the compromise effected between the parties, whereby they have decided to settle their dispute with an intention to live in peace and harmony. The present case falls in the category of cases, which can be allowed to be settled by way of compromise, in view of the decision of Hon'ble the Supreme Court of India in Gian Singh v. State of Punjab and another, 2012(4) R.C.R. (Criminal) 543.
In view of what has been discussed hereinabove, the petition is allowed and FIR No.71 dated 26.03.2013, for offence under Sections 420, 495, 406, 498-A, 506, 323, 34 IPC registered at Police Station Navi Baradari, Jalandhar, Punjab and proceedings emanating therefrom are ordered to be quashed, qua the petitioners.
(REKHA MITTAL) JUDGE May 06, 2014.
Davinder Kumar Davinder Kumar 2014.05.09 10:38 I attest to the accuracy and integrity of this document