Saurabh Chopra And ORS v. State Of Punjab And ANR

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: September 28, 2015 Saurabh Chopra and others

...Petitioners

Versus

State of Punjab and another ....Respondents CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI

Present:

Mr. Rahul Rampal, Advocate for the petitioners.

Mr.P.S.Paul, DAG, Punjab.

Mr.H.P.S. Mathewal, Advocate for respondent No.2.

**** Naresh Kumar Sanghi, J.(Oral) Prayer in this petition filed under Section 482, Cr.P.C., is for quashing of FIR No. 65, dated 02.05.2013, for the offences punishable under Sections 406 and 498-A, IPC, registered at Police Station, Ferozepur Cantt, District Ferozepur, and all the consequential proceedings arising therefrom, on the basis of compromise (Annexure P-2).

Learned counsel for the petitioners contends that the dispute had arisen out of a matrimonial dispute. Due to intervention of respectable and elderly people of the society,

-2compromise (Annexure P-2) was effected; in terms of the compromise, a petition under Section 13-B of Hindu Marriage Act, 1955 was presented before the learned District Judge, Ferozepur, and the said petition has been accepted. All the terms and conditions of compromise (Annexure P-2) have been materialized.

Learned counsel for the State has also admitted the factum of compromise of the present matrimonial dispute and has no objection if the impugned FIR and all the consequential proceedings emanating therefrom, are quashed on the basis of the compromise (Annexure P-2).

Learned counsel for respondent No.2-informant submits that in view of compromise (Annexure P-2), the divorce petition was presented and the same has been accepted by the learned District Judge, Ferozepur. He further submits that respondent No.2 has no objection if the impugned FIR and all the consequential proceedings arising therefrom are quashed. He further submits that the amount settled between the private parties has been paid to respondent No.2 by the petitioners' side.

This Court finds that the present petition had arisen out of a matrimonial dispute. Respondent No.2-informant has sorted out the dispute and effected compromise (Annexure P-2)

-3and as a consequence of the said compromise, petition under Section 13-B of the Hindu Marriage Act was presented before the learned District Judge, Ferozepur and the same was accepted. As a sequel to the above discussion and taking into consideration the ratio of the judgment of Hon'ble the Supreme Court delivered in the matter of B.S.Joshi and others v. State of Haryana and another, 2003 (2) R.C.R. (Criminal) 888, present petition is accepted and FIR No. 65, dated 02.05.2013, for the offences punishable under Sections 406 and 498-A IPC, registered at Police Station, Ferozepur Cantt, District Ferozepur, and all the consequential proceedings arising therefrom, are hereby quashed.

(NARESH KUMAR SANGHI) JUDGE September 28, 2015 anju