Punjab-Haryana High Court
Om Parkash & Ors vs State Of Punjab And Another 2007(3) ... on 22 August, 2012
Author: Jitendra Chauhan
Bench: Jitendra Chauhan
Crl.Misc.No. M-22727 of 2012 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Crl.Misc.No. M-22727 of 2012
Date of decision : 22.8.2012
Om Parkash & Ors. Petitioners
v.
State of Punjab and Anr. Respondents
CORAM HON'BLE MR. JUSTICE JITENDRA CHAUHAN
Present: Mr. Amandeep Saini, Advocate for the petitioners
Mr. Mehardeep Singh, DAG, Punjab
Mr. Krishan Sehajpal, Advocate for respondent No.2
Parties in person
..........
JITENDRA CHAUHAN,J.
This petition under section 482 Cr.P.C has been filed for quashing of the FIR No. 22 dated 29.2.2012 under sections 406/498-A IPC, registered at Police Station Balachaur, District S.B.S. Nagar and all the subsequent proceedings arising therefrom.
Parties are present in person. An affidavit dated 22.8.2012 of Mrs. Jasvir Kaur, respondent No. 2 is filed in the Court. The same is taken on record. As per the affidavit, the parties have compromised the matter. Compromise Annexure P-2 is on the record. As per the compromise, a petition under section 13-B of the Hindu Marriage Act, already stand filed in Court. Jasvir Kaur, respondent No. 2 has acknowledged the receipt of Rs. 1,500,00/- from the petitioner-Om Parkash.
Learned counsel for the petitioner states that the remaining amount of Rs. 1,80,000/- shall be paid at the time of passing of final divorce decree.
Crl.Misc.No. M-22727 of 2012 2
It is stated in the affidavit that respondent No.2 has no objection if the FIR lodged at her instance and the subsequent proceedings are quashed.
In view of the above, this Court is of the opinion that no useful purpose would be served in continuing the proceedings. In view of the law laid down by the Full Bench of this Court in re: Kulwinder Singh and Others versus State of Punjab and another 2007(3) Recent Criminal Reports (Crl.) 1052, this Court is competent to quash the proceedings on the basis of compromise.
Accordingly, this petition is allowed and FIR No. 22 dated 29.2.2012 under sections 406/498-A IPC, registered at Police Station Balachaur, District S.B.S. Nagar and all consequential proceedings arising therefrom are hereby quashed. However, it is made clear that in case the petitioner fails to make the remaining amount of Rs. 1,80,000/- to Jasvir Kaur, respsondent No.2, she is at liberty to revive the FIR and this order will not stand in her way.
(JITENDRA CHAUHAN) JUDGE 22.8.2012 MS