High Court of Punjab and HaryanaCRM-M/12082/2018allowed

Dilbagh Singh v. State Of Punjab And ANR

2018-07-04Mr. Justice Augustine George Masih2 pages

CRM-M-12082 of 2018 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-12082 of 2018 Date of decision: 04.07.2018 Dilbagh Singh .. Petitioner

Versus

State of Punjab and others .. Respondents

CORAM:

HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. H.S. Batth, Advocate for the petitioner.

Mr. Amitoj S. Dhaliwal, DAG, Punjab.

Mr. Gaurav Kalsi, Advocate respondent no. 2.

SURINDER GUPTA, J.(Oral) The petitioner have filed this petition under Section 482 Code of Criminal Procedure (for short, 'Cr.P.C.') seeking quashing of FIR No.67 dated 12.08.2015 (Annexure P-1), registered for offences punishable under Sections 406/498-A of Indian Penal Code (for short 'IPC') at Police Station Women Police Station, Amritsar City, District Amritsar, along with all consequential proceedings arising therefrom, on the basis of the compromise (Annexure P-2).

Learned counsel for the petitioner submits that matrimonial dispute between petitioner and respondent no. 2 has since been settled vide compromise, copy of which has been placed on file as Annexure P-2. Learned counsel for respondent No.2-complainant has endorsed the submission of learned counsel for the petitioner and has no objection if the impugned FIR (Annexure P-1) is quashed.

Learned State counsel has also not disputed compromise (Annexure P-2).

Jitender Kumar 2018.07.05 17:28 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH

CRM-M-12082 of 2018 -2In order to verify the veracity and genuineness of the settlement between the parties, they were directed to appear before the trial court and get their statements recorded. The trial court has sent its report dated 22.06.2018 stating therein that the compromise has been effected between the complainant and the accused which appears to be genuine, voluntary in nature and out of free will of parties.

Keeping all the above facts in view, I am of the considered opinion that it is a fit case in which the impugned FIR should be quashed. Keeping the case pending will not serve the ends of justice. The quashing of the FIR will provide the parties to this petition an opportunity to live in an amicable, peaceful and harmonious atmosphere which is not only in the interest of the parties but also for their families and ultimately the society at large.

For the reasons as discussed above, the instant petition is allowed and the impugned FIR no. 67 dated 12.08.2015 (Annexure P-1) registered at Police Station Women Police Station, Amritsar City, District Amritsar along with all consequential proceedings arising therefrom, qua petitioners, is quashed.

July 04, 2018 (SURINDER GUPTA) jk JUDGE Whether speaking/reasoned: Yes/No Whether Reportable:

Yes/No Jitender Kumar 2018.07.05 17:28 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH