Satnam Singh v. State Of Punjab And Another

CRM-M-17990 of 2015 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

CRM-M-17990 of 2015 Date of Decision: August 17, 2015 Satnam Singh ....Petitioner

Versus

State of Punjab and another .....Respondents

CORAM:

HON'BLE MR.JUSTICE RAJAN GUPTA

Present:

Mr. Gagandeep Grewal, Advocate for the petitioner.

Mr.Ankur Jain, AAG, Pb.

Rajan Gupta, J (Oral) Petitioner has filed this petition under Section 482 Cr.P.C seeking quashing of F.I.R No. 91 dated 9.9.2012 registered under Section 498-A IPC at Police Station, Sadar Shaheed Bhagat Singh Nagar, District Shaheed Bhagat Singh Nagar and all the subsequent proceedings arising therefrom on the basis of compromise.

Learned counsel for the parties submit that during the pendency of this petition a compromise has been arrived at between the parties and dispute has been amicably settled. Relying upon the judgment reported as Kulwinder Singh and others Vs. State of Punjab, 2007 (3) RCR (Crl.) 1052, learned counsel submit that in view of compromise, the impugned F.I.R deserves to be quashed.

Learned State counsel does not dispute the ratio of judgment in Kulwinder Singh's case supra and submit that in case a compromise is arrived at between the parties the State shall not stand in the way of quashing of F.I.R.

CRM-M-17990 of 2015 2 Heard It appears that on 29.5.2015, a direction was issued by this court to record the statements of the parties with regard to validity or otherwise of the compromise. A report has been received from the trial court. Operative part thereof reads thus:- "It is further respectfully submitted that on 25.6.2015, complainant Paramjeet Kaur and accused Satnam Singh have appeared and moved an application for recording their statements. Complainant Paramjeet Kaur made statement that case FIR No.91 dated 9.9.

2012 under Section 498-A IPC PS Sadar Nawanshahar was registered against accused Satnam Singh on the basis of complaint made by her and with the intervention of respectable/relatives of both the sides, the matter has been compromised between them with her sweet will without any outside pressure and she has no objection if the aforesaid FIR is quashed and accused is acquitted. The copy of the compromise has been produced as Ex.CI. She further stated that the FIR may be quashed after the decision of petition filed under Section 13-B of the Hindu Marriage Act, which is pending for 17.10.2015 and on receipt of remaining amount of Rs.2 lacs by her from the accused.

Accused Satnam Singh made statement to the effect that with the intervention of respectable/relatives of both the sides, the matter has been compromised and he will remain bound to pay remaining amount of Rs.2 lacs at the time of making final statement in proceedings under Section 13-B of Hindu Marriage Act pending for 17.10.2015 before District Judge, Family Court, SBS Nagar. Both the parties identified by their counsel have stated that they have made statements with their own sweet will without outside pressure.

CRM-M-17990 of 2015 3 in original and photocopy of compromise Ex.C1 are being sent herewith."

The compromise is in the interest of the parties and after the matter has been resolved by an amicable settlement, no useful purpose is likely to be served by continuance of the criminal proceedings. In view of above, the present FIR and the consequent proceedings arising therefrom deserve to be quashed in light of Full Bench judgment of this court in Kulwinder Singh's case supra.

Resultantly, the present petition is allowed. The F.I.R in question and the subsequent proceedings arising therefrom are quashed. (Rajan Gupta) Judge August 17, 2015 BB