Punjab-Haryana High Court
Avdesh Bansal And Others vs State Of Punjab And Another on 10 August, 2010
Author: Sabina
Bench: Sabina
Crl. Misc. No. M- 34687 of 2009 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Crl. Misc. No. M- 34687 of 2009 (O&M)
Date of Decision: August 10, 2010
Avdesh Bansal and others ........Petitioners
Versus
State of Punjab and another ........Respondents
******
CORAM : HON'BLE MRS. JUSTICE SABINA
Present: Mr. Harish Sharma, Advocate,
for the petitioners.
Mr. Amandeep Singh Rai, AAG, Punjab.
Mr. G.S. Sandhu, Advocate,
for respondent No.2.
SABINA, J.
Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure for quashing the FIR No.115 dated 26.6.2007, under Sections 406,498-A,120-B of Indian Penal Code (in short 'IPC'), Police Station Sarabha Nagar, District- Ludhiana and consequent proceedings arising therefrom on the basis of compromise.
Learned counsel for the petitioners has submitted that as per the compromise Rs.10 lacs have been paid to the respondent No.2 towards past, present and future maintenance and alimony. Respondent No.2 had made a statement before the Additional District Judge (Adhoc), Fast Track Court, Ludhiana in a petition under Section 13-B of the Hindu Marriage Act, 1955 that she will have no objection if the FIRs lodged by her are quashed in view of the settlement between the parties. A decree of divorce on the basis of mutual consent has been passed by the Additional District Judge Crl. Misc. No. M- 34687 of 2009 (O&M) 2 (Adhoc), Fast Track Court, Ludhiana on 12.11.2009.
Learned counsel for respondent No.2 has not disputed the submissions made by the learned counsel for the petitioners.
The statement made by the respondent No.2 before the Additional District Judge (Adhoc), Fast Track Court, Ludhiana (Annexure P-3) reads as under :-
"I was married to petitioner no.1 Avdesh Bansal on 6.12.2005 accordingly Hindu religion rites and ceremonies. We lived and cohabited together as husband & wife at Ludhiana and male child namely Zyan was born of their wedlock on 23.3.07, who is living in my custody. Due to indifferent attitude and incompatibility of temperaments we have decided to live separately as we could not adjust ourselves with each other. All the efforts of my relatives and friends for reconciliation have turned futile and we have now decided to dissolve our marriage by decree of divorce by mutual consent. It has been decided between us that minor child Zyan shall remain in my custody in case of my remarriage he will remaining in the custody of my father Naresh Aggarwal who shall be responsible for his education etc. through out his life. I have received Rs. 10 lacs vide demand draft 3.10.09 bearing no.054605 drawn on Axis Bank Ludhiana for sum of Rs.10 lacs in lieu my past present and future maintenance and alimony. In case my father requires guardianship certificate from any court of law my husband Sh. Avdesh Bansal have agreed not to contest for the same and he has further agreed to given his consent for the same. I have also received all my dowry articles Istridhan etc. I have also received Crl. Misc. No. M- 34687 of 2009 (O&M) 3 my belongings from the court of Sh. Tarsem Mangla JMIC on suporday the same is my exclusive property my husband shall not claim same in future. I have also lodged two FIRs no.115 dated 26.6.07 u/s 406/498 IPC etc. and FIR no.137 dated 10.9.08 u/s 406/420 IPC both with PS Sarabhanagar and I have under taken to make a statement for getting the same quashed from any court of law including the Hon'ble High Court. A decree by mutual consent be decided in my favour."
As per the Full Bench judgment of this Court in Kulwinder Singh and others vs. State of Punjab, 2007 (3) RCR (Criminal) 1052, High Court has power under Section 482 Cr.P.C. to allow the compounding of non-compoundable offence and quash the prosecution where the High Court felt that the same was required to prevent the abuse of the process of any Court or to otherwise secure the ends of justice. This power of quashing is not confined to matrimonial disputes alone.
Hon'ble the Apex Court in the case of Nikhil Merchant vs. Central Bureau of Investigation and another JT 2008 (9) SC 192 in para Nos.26 and 24 has held as under :-
"26. In the instant case, the disputes between the Company and the Bank have been set at rest on the basis of the compromise arrived at by them whereunder the dues of the Bank have been cleared and the Bank does not appear to have any further claim against the Company. What, however, remains is the fact that certain documents were alleged to have been created by the appellant herein in order to avail of credit facilities beyond the limit to which the Company was entitled. The dispute involved Crl. Misc. No. M- 34687 of 2009 (O&M) 4 herein has overtones of a civil dispute with certain criminal facts. The question which is required to be answered in this case is whether the power which independently lies with this Court to quash the criminal proceedings pursuant to the compromise arrived at, should at all be exercised?
24. On an overall view of the facts as indicated hereinabove and keeping in mind the decision of the Court in B.S. Joshi's case (supra) and the compromise arrived at between the Company and the Bank as also clause 11 of the consent terms filed in the suit filled by the Bank, we are satisfied that this is a fit case where technicality should not be allowed to stand in the way in the quashing of the criminal proceedings, since, in our view, the continuance of the same after the compromise arrived at between the parties would be a futile exercise."
The dispute in the present case relates to a matrimonial discord between the parties. Now the parties have settled all their disputes qua maintenance and custody of child. The parties have now decided to live in peace. In these circumstances, the continuation of criminal proceedings would be nothing but an abuse of process of law.
Accordingly, the present petition is allowed. The FIR No.115 dated 26.6.2007, under Sections 406,498-A,120-B of IPC, Police Station Sarabha Nagar, District- Ludhiana and consequent proceedings, arising therefrom, are quashed.
(SABINA)
August 10, 2010 JUDGE
Anand