Punjab-Haryana High Court
Smt. Satvinder Kaur And Others vs State Of Haryana And Another on 31 January, 2013
Author: Ram Chand Gupta
Bench: Ram Chand Gupta
CRM M-39570 of 2012 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
Crl. Misc. No. M-39570 of 2012 (O&M)
Date of Decision: January 31, 2013.
Smt. Satvinder Kaur and others
..........PETITIONER(s).
VERSUS
State of Haryana and another
.........RESPONDENT(s).
CORAM:- HON'BLE MR. JUSTICE RAM CHAND GUPTA
Present: Mr. P.S. Sullar, Advocate
for the petitioner (s).
Mr. Raja Sharma, A.A.G. Haryana.
Respondent No.2 in person with
Mr. Surender Dhull, Advocate.
*******
RAM CHAND GUPTA, J.(Oral)
The present petition has been filed under Section 482 of the Code of Criminal Procedure for quashing of FIR No.69 dated 29.5.2012 (Annexure P-1) under Sections 406, 498-A, 418, 420, 495, 109, 506 and 120-B of Indian Penal Code, registered at Police Station Naggal, District Ambala and all other consequential proceedings arising therefrom on the basis of compromise, Annexure P-2, having been entered between the parties.
I have heard learned counsel for the parties and have gone through the record.
It has been stated by learned counsel for the parties that CRM M-39570 of 2012 -2- dispute between the parties is matrimonial in nature and the same has since been settled due to intervention of respectable persons and relatives from both the sides.
Respondent No.2 - complainant also appeared in person with her counsel and filed reply by way of affidavit admitting the factum of compromise and stating that she is having no objection if the FIR and consequential proceedings are quashed.
In appropriate cases FIR can be quashed on the basis of compromise by exercising power under Section 482 Cr.P.C., even if the offences are not compoundable. It was so held by Full Bench of this Court in the case of Kulwinder Singh v. State of Punjab, 2007(3) RCR (Crl.) 1052.
Since the dispute is matrimonial in nature which has been settled due to intervention of the respectable persons and relatives from both the sides, the present petition is allowed and the impugned FIR No.69 dated 29.5.2012 (Annexure P-1) under Sections 406, 498-A, 418, 420, 495, 109, 506 and 120-B of Indian Penal Code, registered at Police Station Naggal, District Ambala alongwith all consequential proceedings qua petitioners Smt. Satvinder Kaur, Bhim Singh and Baljinder Singh is, hereby, quashed.
( RAM CHAND GUPTA ) January 31, 2013. JUDGE Sachin M. CRM M-39570 of 2012 -3- Parties were directed to appear before learned trial Court for getting their statements recorded. Learned trial Court has sent the report after recording statements of the parties to the effect that the compromise is genuine and without any pressure or coercion.