Ranjit Singh & ORS v. State Of Punjab & ORS

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

Criminal Misc. No.M-28325 of 2015 .....

Date of decision:21.10.2015 Ranjit Singh and others .....Petitioners v.

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

Present:

Mr. Mansur Ali, Advocate for the petitioners. Ms. Simsi Dhir Malhotra, Deputy Advocate General, Punjab for the respondent-State.

Mr. Mohammad Sartaj, Advocate for complainant-respondents No.2 and 3.

.....

Inderjit Singh, J.

This petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No.108 dated 23.7.2011 (Annexure-P.1) registered for the offences under Sections 406, 498-A and 341 IPC at Police Station Garhshankar and all subsequent proceedings arising therefrom in view of the compromise (Annexure-P.2).

The marriage of Jaswinder Kaur-respondent No.3 was solemnized with petitioner No.1-Ranjit Singh on 11.6.2010 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-Sital Singh respondent No.2 against the husband and in-laws of Jaswinder Kaur. Now with the

Cr. Misc. No.M-28325 of 2015 [2] intervention of 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 Judicial Magistrate Ist Class, Garhshankar, has sent her report dated 13.10.2015 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 Deputy Advocate General, Punjab, on instructions from the Investigating Officer and learned counsel for the complainantrespondents No.2 and 3 admit the factum of compromise and submit 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 Deputy Advocate General, Punjab and learned counsel for complainant-respondents No.2 and 3 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,

Cr. Misc. No.M-28325 of 2015 [3] continuance of criminal prosecution would be an exercise in futility, as the chances of ultimate conviction are bleak.

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.108 dated 23.7.2011 (Annexure-P.1) registered for the offences under Sections 406, 498-A and 341 IPC at Police Station Garhshankar and all subsequent proceedings arising out of the same are hereby quashed.

October 21, 2015.

(Inderjit Singh) Judge *hsp*