Punjab-Haryana High Court
Amit Kumar & Others vs State Of Punjab & Others on 13 December, 2013
Author: Naresh Kumar Sanghi
Bench: Naresh Kumar Sanghi
Criminal Misc.No.M-38348 of 2013 {1}
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc.No.M-38348 of 2013
Date of Decision: 13th December, 2013
Amit Kumar & Others
.. Petitioners
Versus
State of Punjab & Others
.. Respondents
CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI
Present: Mr.G.S.Sandhu, Advocate, for
Mr.Sant Pal Singh Sidhu, Advocate,
for the petitioners.
Mr.K.S.Pannu, DAG, Punjab.
Mr.Kamal Narula, Advocate,
for respondent Nos.2 and 3.
***
Naresh Kumar Sanghi, J.
This is a petition for quashing of FIR No.197 dated 02.10.2013, under Sections 406 and 498-A, IPC, registered at Police Station, Guruhar Sahai, District Ferozepur, and all the subsequent proceedings arising therefrom, on the basis of compromise (Annexure P-1).
Vide order dated 14.11.2013, this Court had directed the affected parties to appear on 22.11.2013 before the learned Chief Judicial Magistrate, Ferozepur, for getting their respective statements recorded with regard to the compromise. The said Court was also directed to send a detailed report in that regard along with copies of the statements to this Court, on or before the adjourned date.
In compliance thereof, the petitioners, namely, Amit Kumar, Rajesh Narula, Kanchan Lata and Sania as well as respondent Sharma Seema 2013.12.16 10:22 I attest to the accuracy and integrity of this document Chandigarh Criminal Misc.No.M-38348 of 2013 {2} Nos.2 and 3, namely, Shiv Dass and Shaweta (aggrieved lady) did appear before the learned court below and got recorded their respective statements with regard to the compromise. The copies of the statements as well as the report to that effect has also been received from the learned Chief Judicial Magistrate, Ferozepur.
Learned counsel for the petitioners submits that the present controversy has arisen out of a matrimonial dispute. The petitioners as well as the private respondents have sorted out their disputes and effected a compromise. He further submits that in compliance of the compromise so effected between the private parties, a petition under Section 13-B of the Hindu Marriage Act for grant of a decree of divorce was also presented before the learned District Judge, Ferozepur. He also submits that the first motion has already been issued by the learned District Judge and the case for second motion is fixed for 01.05.2014. He also submits that partial amount of the agreed amount has already been paid to respondent no.3, Shaweta and the remaining amount would be paid to her at the time of second motion. He prays for quashing of the impugned FIR and all the consequential proceedings arising therefrom.
Learned counsel for the State, on instructions from ASI Tarlochan Singh, Police Station, Guruhar Sahai, District Ferozepur, admits the factum of compromise effected between the parties. After going through the statements and the report, sent by learned Chief Judicial Magistrate, Ferozepur, he submits that he has no objection if the impugned FIR and all the consequential proceedings arising therefrom, are quashed.
Learned counsel for respondent Nos.2 and 3 also admits Sharma Seema 2013.12.16 10:22 I attest to the accuracy and integrity of this document Chandigarh Criminal Misc.No.M-38348 of 2013 {3} the factum of compromise and has no objection if the impugned FIR and all the consequential proceedings arising therefrom, are quashed. He further submits that the rights of respondent No.3/complainant be protected with regard to the remaining amount to be received from petitioner No.1 at the time of second motion of divorce petition pending before the court of Learned District Judge, Ferozepur.
Heard.
This criminal litigation has arisen out of a matrimonial dispute. The better sense has prevailed and the petitioners have sorted out their disputes with the aggrieved lady i.e respondent No.3 as well as with respondent No.2. In compliance of the order issued by this Court, the petitioners as well as respondent Nos.2 and 3 did appear before the learned Chief Judicial Magistrate, Ferozepur, and got recorded their respective statements in that regard. Shiv Dass, Shaweta (respondent Nos.2 and 3) jointly suffered the following statement:-
"Stated that we have effected compromise with accused, namely, Amit Kumar son of Rajesh Kumar, Rajesh narula son of Ved Parkash, Kanchan Lata wife of Rajesh Kumar, Sania daughter of Rajesh Kumar, all residents of opposite Joshi Palace, Street No.2, Ferozepur City in case FIR No.197 dated 02.10.2013, under Sections 406/498-A, IPV, PS Guruhar Sahai, District Ferozepur. We and all accused have effected compromise without any inducement, threat or pressure. We have no grudge against each other. We are having no objection, if the said FIR is canceled/quashed."Sharma Seema
2013.12.16 10:22 I attest to the accuracy and integrity of this document Chandigarh
Criminal Misc.No.M-38348 of 2013 {4} The petitioners jointly suffered the following statement:-
"Stated that we have effected compromise with Shiv Dass son of Krishan Lal, resident of Guruhar Sahai, Tehsil Guruhar Sahai, District Ferozepur and Shaweta daughter of Krishan Lal, resident of Guruhar Sahai, Tehsil Guruhar Sahai District Ferozepur in case FIR No.197 dated 02.10.2013, under Section 406/498- A IPC PS Guruharsahai, District Ferozepur. We all accused and complainant Shiv Dass and Shaweta have effected compromise without any inducement, threat or pressure. We have no grudge against each other."
A perusal of the report reveals that the learned Chief Judicial Magistrate, Ferozepur, had arrived at the conclusion that the parties had arrived at a valid compromise with their free consent and the compromise was a genuine one. Learned counsel for the parties have also admitted the factum of compromise. A petition for grant of decree of divorce by mutual consent has also been presented before the learned District Judge, Ferozepur, in which the parties have suffered their statement for grant of divorce on the basis of compromise. The said case is now pending adjudication for 01.05.2014. The learned counsel for the petitioners has stated at bar that the remaining aggrieved amount would be paid to respondent no.3, Shaweta, on 01.05.2014 at the time of decision of the divorce petition pending before the learned District Judge, Ferozepur. Taking into consideration the above facts, the chances of ultimate conviction of the petitioners are bleak, therefore, pendency of the FIR and continuation of the trial would be a sheer abuse of the process of law. Sharma Seema 2013.12.16 10:22 I attest to the accuracy and integrity of this document Chandigarh
Criminal Misc.No.M-38348 of 2013 {5} In view of the factum of compromise and the law laid down by Hon'ble Supreme Court in B.S.Joshi and others vs. State of Haryana and another, 2003(2) RCR (Criminal) 888, the present petition is allowed and FIR No.197 dated 02.10.2013, under Sections 406 and 498-A, IPC, registered at Police Station, Guruhar Sahai, District Ferozepur, and all the consequential proceedings arising therefrom are hereby quashed.
December 13, 2013 (Naresh Kumar Sanghi)
Seema Judge
Sharma Seema
2013.12.16 10:22
I attest to the accuracy and
integrity of this document
Chandigarh