Avninder Kaur Bhangoo v. State Of Punjab And Another

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:-March 17, 2023 Avninder Kaur Bhangoo ......Petitioner

Versus

State of Punjab and another ......Respondents CORAM: HON'BLE MR. JUSTICE ALOK JAIN ****

Present:

Ms. Arti Kaur, Advocate for the petitioner.

Mr. Pankaj Khullar, AAG, Punjab.

Mr. Abhinav Gupta, Advocate for respondent No.2. **** ALOK JAIN, J. (Oral) The instant petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 001 dated 19.03.2020, registered under Sections 406 and 498-A of Indian Penal Code at Police Station NRI Ludhiana Rural, District Ludhiana (Annexure P-1) and all consequential proceedings arising therefrom, on the basis of compromise dated 23.01.2023 (Annexure P-2).

The affidavit of Ms. Harpreet Kaur- respondent No.2 has been filed in the Court today, wherein, she has deposed that she has not received any amount towards permanent alimony either in India or in Canada neither from the present petitioner, who is mother-in-law of respondent No.2 nor from her husband-Gurmit Singh, who is the son of present petitioner, apart from Rs.14,00,000/- received as per compromise. Accordingly, the said

-2amount of Rs.14,00,000/- is towards the permanent settlement between the parties.

Keeping in view the fact that the parties entered into a compromise, this Court vide order dated 06.02.2023 directed the parties to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a report dated 27.02.2023 has been received from the Judicial Magistrate 1st Class, Jagraon stating that the compromise arrived at between the parties is voluntary and the same is without any pressure, coercion or undue influence. Learned State Counsel and learned counsel for respondent No.2-complainant admit the factum of compromise and submit that they have no objection to quashing of the FIR on that basis.

Perusal of the aforesaid report establishes that the parties have amicably settled their dispute, and continuance of criminal prosecution in such a situation will be an exercise in futility, as the chances of ultimate conviction are bleak. The power under Section 482 Cr.P.C. can be exercised in such matters. It has been held by Supreme Court of India in cases Gian Singh v. State of Punjab and another 2012(10) SCC 303 and Narinder Singh and others v. State of Punjab and another 2014(6) SCC 406 that criminal cases having overwhelmingly civil character, particularly those arising out of commercial transactions or matrimonial relationships or family disputes, should be quashed when the parties have resolved their disputes among themselves in a bona fide manner. Consequently, this petition is allowed. FIR No. 001 dated 19.03.

-3and all consequential proceedings arising therefrom, are hereby quashed qua the petitioner, subject to payment of cost of Rs. 10,000/- to be deposited by the petitioner and Rs. 10,000/- to be deposited by respondent No.2 within one month from today in the following account:- Account Name - Punjab and Haryana High Court Bar Association Lawyer's Family Welfare Fund.

Account No. - 41564846387 Bank Name - SBI High Court Branch.

(ALOK JAIN) JUDGE March 17, 2023 Parul Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No