High Court of Punjab and HaryanaCRM-M/10659/2020allowed

Sushil Kumar Sood And ANR v. State Of Punjab And Others

2021-01-07Mr. Justice Harnaresh Singh Gill3 pages

-1In the High Court of Punjab and Haryana at Chandigarh CRM-M No. 10659 of 2020 (O&M) Date of Decision: 07.1.2021 Sushil Kumar Sood and another ......Petitioners

Versus

State of Punjab and others ......Respondents CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

Mr. Amandeep Singh , Advocate for the petitioners.

Mr. Randhir Singh Thind, DAG, Punjab.

Mr. Naresh Kumar, Advocate for Mr. K.S.Dadwal, Advocate for respondents No. 2 and 3.

**** HARNARESH SINGH GILL , J. (ORAL) Case is taken up for hearing through video conferencing. CRM-30409-2020 The application is allowed as prayed for. Reply on behalf of respondents No. 2 and 3 is taken on record.

CRM-M-10659-2020 This is a petition under Section 482 Cr.P.C. for quashing of FIR No. 07 dated 07.1.2014 registered under Sections 452, 451, 323, 506, 34 IPC, Police Station Division No. 4, District Ludhiana (Annexure P-1) and all the consequent proceedings arising therefrom, on the basis of compromise (Memorandum of Settlement) dated 17.2.2020 (Annexure P-2) arrived at between the parties.

-2Learned counsel for the petitioners submits that with the intervention of respectables, the matter has been amicably settled between the parties and a compromise/memorandum of settlement has been reduced into writing on 17.2.2020. As per the said compromise, both the parties shall withdraw all the cases filed against each other. It has also been brought to the notice of this Court that Amit Ohri and Priyanka Sood have filed a petition under Section 13-B of the Hindu Marriage Act, 1955 seeking a decree of divorce and the first motion statement has been recorded and the next date for recording of the second motion statement is fixed for 08.1.2021.

Learned counsel for respondents No. 2 and 3 has not disputed the factum of compromise, effected between the parties. In the present case, the parties have amicably settled their dispute. In the reply filed by respondents No. 2 and 3, it has been stated that Amit Ohri (husband) and Priyanka Sood (wife) have decided to part ways and they have also filed a petition under Section 13-B of the Hindu Marriage Act, 1955 seeking a decree of divorce and the first motion statement has been recorded and the next date for recording of the second motion statement is fixed for 08.1.2021.

Since the parties have arrived at a compromise and have decided to live in peace, no useful purpose would be served in allowing the criminal proceedings to continue.

Accordingly, this petition is allowed. FIR No. 07 dated 07.1.2014 registered under Sections 452, 451, 323, 506, 34 IPC, Police Station Division No. 4, District Ludhiana (Annexure P-1) and all the consequential proceedings, arising therefrom, are quashed qua the

-3petitioners on the basis of compromise (Memorandum of Settlement) dated 17.2.2020 (Annexure P-2).

Needless to say that parties shall remain bound by the terms of compromise and their statements made in the Court below. (HARNARESH SINGH GILL) JUDGE January 07, 2021 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No