Punjab-Haryana High Court
Vishal Verma And Others vs State Of Punjab And Another on 29 October, 2013
Author: Ram Chand Gupta
Bench: Ram Chand Gupta
CRM M-27562 of 2013 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
Crl. Misc. No. M-27562 of 2013 (O&M)
Date of Decision: October 29, 2013.
Vishal Verma and others
..........PETITIONER(s).
VERSUS
State of Punjab and another
.........RESPONDENT(s).
CORAM:- HON'BLE MR. JUSTICE RAM CHAND GUPTA
Present: Mr. Vivek Goel, Advocate
for the petitioner (s).
Mr. Ashish Sanghi, D.A.G., Punjab.
Respondent No.2 in person with
Mr. Rahul Chaudhary, 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.152 dated 4.7.2010 (Annexure P-1) under Sections 498-A, 323, 324 read with Section 34 of Indian Penal Code, registered at Police Station Mansa City, District Mansa 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 petitioners that dispute between the parties was matrimonial in nature and the same has since Mehta Sachin 2013.10.31 10:59 I attest to the accuracy and integrity of this document CHANDIGARH CRM M-27562 of 2013 -2- 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. It has also been stated that pursuance to the compromise, a joint petition for divorce by mutual consent under Section 13-B of Hindu Marriage Act, 1955 has already been filed.
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.
As the dispute was matrimonial in nature which has since 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.152 dated 4.7.2010 (Annexure P-1) under Sections 498-A, 323, 324 read with Section 34 of Indian Penal Code, registered at Police Station Mansa City, District Mansa alongwith all consequential proceedings qua petitioners Vishal Verma, Jiwan Verma and Usha Verma is, hereby, quashed.
( RAM CHAND GUPTA ) October 29, 2013. JUDGE Sachin M. Mehta Sachin 2013.10.31 10:59 I attest to the accuracy and integrity of this document CHANDIGARH