Punjab-Haryana High Court
Nirbhai Singh And Ors vs State Of Punjab And Anr on 24 September, 2014
Author: T.P.S. Mann
Bench: T.P.S. Mann
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No.M-19508 of 2014
Date of Decision : September 24, 2014
Nirbhai Singh and others
....Petitioners
Versus
State of Punjab and another
.....Respondents
CORAM :HON'BLE MR. JUSTICE T.P.S. MANN
Present : Mr. Vikram Preet Arora, Advocate
for the petitioners.
Mr. A.S. Kler, Deputy Advocate General, Punjab
for respondent No.1-State.
Mr. Munish Jhanji, Advocate
for respondent No.2.
T.P.S. MANN, J.
Prayer made in the petition is for quashing of FIR No.148 dated 13.12.2013 under Sections 406, 498-A, 323 and 313 IPC registered at Police Station Amloh, District Fatehgarh Sahib.
The aforementioned FIR was registered on the basis of statement made by respondent No.2-Meenakshi, wherein she stated that the petitioners had been taunting and harassing her for bringing inadequate dowry. Further, she was beaten by them and as a result thereof, her pregnancy came to an end.
The quashing of the FIR is sought on the ground that at the intervention of the respectables of the society, a SATISH KUMAR 2014.09.26 15:42 I attest to the accuracy and authenticity of this document Chandigarh Criminal Misc. No.M-19508 of 2014 -2- compromise has been arrived at between the petitioners and respondent No.2, and, now respondent No.2 does not want to pursue the case any further against the petitioners. The compromise deed dated 27.5.2014 is appended with the petition as Annexure P-2.
While issuing notice, this Court directed the petitioners on the one hand and respondent No.2 on the other, to appear before the Ilaqa Magistrate for getting their statements recorded in regard to the compromise. The said Court was asked to opine about the genuineness of the compromise while submitting its report.
Pursuant to the above, report has been received from the Judicial Magistrate 1st Class, Amloh, wherein it is mentioned that on 5.7.2014, respondent No.2 as well as the petitioners appeared before the said Court and got recorded their respective statements with regard to the compromise. Respondent No.2 stated that with the intervention of the respectables, a compromise stood effected between her and the petitioners. The compromise was executed without any undue influencem force or fraud and with free consent of the parties. She also stated that in terms of the compromise, she had received an amount of Rs.8,00,000/- by way of bank draft from Nirbhai Singh-petitioner in the said Court. She further stated that a petition for divorce by way of mutual consent has SATISH KUMAR 2014.09.26 15:42 I attest to the accuracy and authenticity of this document Chandigarh Criminal Misc. No.M-19508 of 2014 -3- also been filed and, therefore, she had no objection if the FIR lodged at her instance against the petitioners was quashed. Similarly, the petitioners, in their separate statements supported the factum of compromise which had been arrived at without any undue influence, force or fraud and with free consent of the parties. Further, in terms of the compromise, Nirbhai Singh-petitioner handed over a demand draft for a sum of Rs.8,00,000/- to respondent No.2 in the Court. He further stated that he had filed the petition for divorce by way of mutual consent.
After going through the statements made by the parties, the lower Court has opined that the compromise between the parties was voluntary and not the result of any pressure or coercion in any manner. Accordingly, while submitting its report, the said Court has appended the statement of the parties.
After obtaining instructions from ASI Major Singh, learned State counsel informs the Court that the matter before the trial Court is at the stage of recording of prosecution evidence.
Some of the offences committed by the petitioners are non-compoundable. However, when the dispute is primarily matrimonial in nature and the parties have entered into a compromise followed by the parties appearing SATISH KUMAR 2014.09.26 15:42 I attest to the accuracy and authenticity of this document Chandigarh Criminal Misc. No.M-19508 of 2014 -4- before the lower Court and getting their respective statements recorded in regard to the compromise, this Court is of the considered view that it can exercise its inherent powers under Section 482 Cr.P.C. so as to quash the FIR.
Resultantly, the petition is accepted, FIR No.148 dated 13.12.2013 under Sections 406, 498-A, 323 and 313 IPC registered at Police Station Amloh, District Fatehgarh Sahib is quashed and all the proceedings taken thereunder, including the final report under Section 173 Cr.P.C. and the charge- sheet are set aside.
( T.P.S. MANN )
September 24, 2014 JUDGE
satish
SATISH KUMAR
2014.09.26 15:42
I attest to the accuracy and
authenticity of this document
Chandigarh
Crl. Misc. No.29506 of 2014 in
Criminal Misc. No.M-19508 of 2014
***
Nirbhai Singh and others Vs. State of Punjab and another *** Present : Mr. Vikram Preet Arora, Advocate for the applicants.
*** For the reasons stated therein, the application is allowed. The name of the third petitioner be read as 'Kamaljit Kaur' instead of 'Karamjeet Kaur'.
Amended memo. of parties is taken on record.
( T.P.S. MANN )
September 24, 2014 JUDGE
satish
SATISH KUMAR
2014.09.26 15:42
I attest to the accuracy and
authenticity of this document
Chandigarh