Punjab-Haryana High Court
Jai Parkash Sapra And Others vs State Of Punjab And Another on 13 July, 2012
Author: Ram Chand Gupta
Bench: Ram Chand Gupta
CRM M-16061 of 2012 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
Crl. Misc. No. M-16061 of 2012 (O&M)
Date of Decision: July 13, 2012.
Jai Parkash Sapra and others.
..........PETITIONER(s).
VERSUS
State of Punjab and another
..........RESPONDENT(s).
CORAM:- HON'BLE MR. JUSTICE RAM CHAND GUPTA
Present: Mr. Sanjeev Gupta, Advocate
for the petitioners.
Mr. Palwinder Singh, Sr. D.A.G., Punjab.
Respondent No.2 in person with
Mr. Himanshu Aggarwal, 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. 133 dated 02.06.2010 under Sections 406, 498-A, 341, 323 and 506 of Indian Penal Code, registered at Police Station City Rajpura, District Patiala Annexure P-1, and all other consequential proceedings arising therefrom.
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-16061 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. It has also been stated that petitioner No.4 and respondent No.2 started living together and they are living together for the last one year.
Respondent No.2 - complainant also appeared in person with her counsel and filed reply along with affidavit admitting the factum of compromise and stating that they are living together and 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 was matrimonial and nature and the parties have amicably settled the same due to intervention of the respectable persons and relatives from both the sides, in the interest of harmonious relations between the parties, the present petition is allowed and the impugned FIR No.33 dated 02.06.2010 under Sections 406, 498-A, 341, 323 and 506 of Indian Penal Code, registered at Police Station City Rajpura, District Patiala Annexure P-1 alongwith all consequential proceedings qua petitioners Jai Parkash Sapra, Raj Rani, Sahil Sapra alias Honey and Amit Sapra alias Vicky is, hereby, quashed.
( RAM CHAND GUPTA ) July 13, 2012. JUDGE Sachin M.