Satwant Kaur And Others v. State Of Punjab And Others

In the High Court of Punjab and Haryana at Chandigarh ......

Criminal Misc. No.M-17652 of 2015 .....

Date of decision:20.10.2015 Satwant Kaur and others .....Petitioners v.

State of Punjab and another .....Respondents ....

Present:

Mr. Krishan Sehajpal, Advocate for the petitioner. Mr. B.S. Bhullar, Assistant Advocate General, Punjab for the respondent-State.

None for complainant-respondent No.2.

.....

Inderjit Singh, J.

This petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No.11 dated 29.10.2014 (Annexure-P.1) registered for the offences under Sections 406 and 498-A IPC at Police Station N.R.I., Amritsar and all subsequent proceedings arising therefrom in view of the compromise (Annexure-P.2).

The marriage of the complainant was solemnized with petitioner No.3 Surindermohan Singh on 21.1.2011 as per Sikh rites and rituals. However, due to temperamental differences between the husband and wife, matrimonial dispute arose and the above said FIR has been registered on the statement of complainant-Ravinder Kaur against her husband and other family members. Now with the intervention of

Cr. Misc. No.M-17652 of 2015 [2] respectable persons, the matrimonial dispute has been amicably settled between the parties and they have entered into a compromise. Keeping in view the fact that the parties have entered into a compromise, they were directed to appear before learned trial Court for getting their statements recorded in support of the compromise. After doing the needful, learned Chief Judicial Magistrate, Amritsar, has sent her report dated 17.10.2015 submitting that the compromise arrived at between the parties is without any pressure or coercion from any one and the same is genuine one.

Learned Assistant Advocate General, Punjab, on instructions from the Investigating Officer admits the factum of compromise and submits that in case the parties have indeed settled their matrimonial dispute, the State would have no objection to the quashing of the FIR in view of the law laid down by the Hon'ble Supreme Court. I have heard learned counsel for the petitioners as well as learned Assistant Advocate General, Punjab and have gone through the record.

In a decision, based on compromise, none of the parties is a loser. Rather, compromise not only brings peace and harmony between the parties to a dispute, but also restores tranquility in the society. After considering the nature of offences allegedly committed and the fact that both the parties have amicably settled their matrimonial dispute, continuance of criminal prosecution would be an exercise in futility, as the chances of ultimate conviction are bleak.

Cr. Misc. No.M-17652 of 2015 [3] Therefore, keeping in view the fact that the matrimonial dispute has been amicably settled and in view of the law laid by the Hon'ble Supreme Court in Gian Singh v. State of Punjab and another, 2012 (4) RCR (Cr.) 543, this petition is allowed and FIR No.11 dated 29.10.2014 (Annexure-P.1) registered for the offences under Sections 406 and 498-A IPC at Police Station N.R.I., Amritsar and all subsequent proceedings arising out of the same are hereby quashed.

October 20, 2015.

(Inderjit Singh) Judge *hsp*