Punjab-Haryana High Court
Brij Lal And Another vs State Of Haryana And Another on 4 February, 2014
Author: Naresh Kumar Sanghi
Bench: Naresh Kumar Sanghi
CRM-M-42455-2013 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-42455-2013
Date of Decision: February 4, 2014
Brij Lal and another
...Petitioners
Versus
State of Haryana and another
...Respondents
CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI
Present: Mr. Ramesh Chahal, Advocate,
for the petitioners.
Mr. Chetan Sharma, AAG, Haryana,
for respondent No. 1.
Mr. Sandeep Singh, Advocate,
for respondent No. 2.
NARESH KUMAR SANGHI, J.
1. The present petition under Section 482, Cr.P.C., has been filed by the petitioners, namely, Brij Lal and Kuldeep, for quashing of FIR No. 190, dated 13.9.2012, for the offences punishable under Sections 323, 498-A and 506, IPC, registered at Police Station, Palam Vihar, Gurgaon, and all the consequential proceedings arising therefrom, on the basis of compromise.
2. Vide order dated 13.12.2013, this Court had directed the affected parties to appear on 20.12.2013 before the learned Kapoor Prashant 2014.02.12 17:34 I attest to the accuracy of this order CRM-M-42455-2013 2 Trial Court, for getting their respective statements recorded with regard to the compromise. The said Court was also directed to submit a detailed report in that regard along with copies of the statements on or before the date fixed by this Court.
3. In compliance of the above, both the petitioners, namely, Brij Lal and Kuldeep, as well as respondent No. 2, Rekha, did appear before the learned Judicial Magistrate Ist Class, Gurgaon, and got recorded their respective statements with regard to the compromise. The statements suffered by the private parties have been received along with the report from the learned Court below.
4. Learned counsel for the petitioners submits that on account of a usual bickering in the house, respondent No. 2- complainant became annoyed and lodged the FIR for the offences punishable under Sections 323, 498-A and 506, IPC. He further submits that due to intervention of the respectable and elderly people of the society, the private parties have sorted out their differences and effected a compromise and now all of them are living together happily. He also states that in view of the fact that the husband and wife are residing together after effecting a compromise, therefore, pendency of the impugned FIR and consequential proceedings emanating therefrom would be sheer abuse of the process of law. In support of his contentions, he has Kapoor Prashant 2014.02.12 17:34 I attest to the accuracy of this order CRM-M-42455-2013 3 placed reliance on the judgments of Hon'ble the Supreme Court delivered in the cases of B.S. Joshi and others v. State of Haryana and another, 2003 (2) R.C.R. (Criminal) 888, and Gian Singh v. State of Punjab and another, 2012 (4) R.C.R. (Criminal) 543.
5. Learned counsel for the State as well as learned counsel representing respondent No. 2-complainant very fairly concede that the petitioners have sorted out their disputes with respondent No. 2 and effected a compromise. They have also gone through the copies of the statements suffered by both the factions and the report received from the learned Judicial Magistrate Ist Class, Gurgaon, and have no objection if the impugned FIR and the consequential proceedings are quashed in view of the compromise effected between them.
6. I have heard learned counsel for the parties and with their able assistance gone through the material available on record.
7. The present criminal litigation has arisen out of a matrimonial dispute. Due to intervention of the elderly and respectable people of the society, petitioner No. 2 and respondent No. 2 have joined their company and they are stated to have been living happily. The statements of the private parties were recorded by the learned Judicial Magistrate Ist Class, Gurgaon, and the report received from the said Court reveals that Kapoor Prashant 2014.02.12 17:34 I attest to the accuracy of this order CRM-M-42455-2013 4 a valid and genuine compromise has been effected between the private parties in this case. The operative part of the said report reads as under:-
" I have perused the order dated 13.12.2013, passed by the Hon'ble High Court of Punjab and Haryana at Chandigarh, whereby this court is directed to sent a report qua the compromise. In the present case, the complainant has given a statement today in court, as noted above, to the effect that the dispute between her and accused persons Kuldeep and Brijlal has been finally settled as a compromise has taken place. Before recording the said statement, question was put to the complainant whether there is any pressure, coersion, etc. to compromise, to which the complainant answered in negative, hence, I am satisfied of the genuineness/validity of the above mentioned compromise. ......."
8. Learned counsel for the respondents have also admitted the factum of the compromise. In view of the present circumstances, the pendency of the FIR and the proceedings emanating therefrom would be an abuse of the process of law since the chances of ultimate conviction and sentence of the petitioners are bleak.
9. As a sequel to the above discussion and taking into consideration the ratio of the judgments rendered in the cases of B.S. Joshi and Gian Singh (supra), this petition is accepted and FIR Kapoor Prashant 2014.02.12 17:34 I attest to the accuracy of this order CRM-M-42455-2013 5 No. 190, dated 13.9.2012, for the offences punishable under Sections 323, 498-A and 506, IPC, registered at Police Station, Palam Vihar, Gurgaon, and the consequential proceedings arising therefrom are hereby quashed.
(NARESH KUMAR SANGHI)
February 4, 2014 JUDGE
Pkapoor
Kapoor Prashant
2014.02.12 17:34
I attest to the accuracy
of this order