Harpreet Singh And ORS. v. State Of Punjab And ANR.

CRM No.M-37494 of 2016

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-37494 of 2016 Decided on: 25.01.2017 Harpreet Singh and others ....Petitioners

Versus

State of Punjab and another ....Respondents CORAM: HON'BLE MRS JUSTICE REKHA MITTAL Present :

None for the petitioners.

H.C. Gurdev Singh, P.S. Patti, Tarn Taran.

REKHA MITTAL, J. (Oral) The petitioners have prayed for quashing of FIR No.50 dated 10.07.2016, for offence under Sections 307, 323, 324, 326, 498-A and 120-B of the Indian Penal Code (in short 'IPC') registered in Police Station Sadar Patti, District Tarn Taran on the basis of compromise dated 30.09.2016 (Annexure P2) effected between the parties. In the present case, the FIR was registered at the instance of Kulbir Kaur @ Kuldeep Kaur daughter of Manjit Singh. Now, dispute between the parties has been resolved by way of compromise (Annexure P2).

Vide order dated 30.11.2016, the parties were directed to appear before the Illaqa Magistrate to get their statements recorded with regard to genuineness of compromise.

Pursuant thereto, a report has been submitted by the SubDivisional Judicial Magistrate, Patti, wherein it has been reported that statements of the parties have been recorded and that they have voluntarily compromised the matter.

Mohd. Yakub 2017.01.27 15:18 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-37494 of 2016 It is submitted that the present proceedings are an off-shoot of marital disharmony between the complainant and her husband. Perusal of allegations in the FIR reveals that the present case squarely falls in the category of cases that can be quashed by the High Court, in exercise of its inherent power under Section 482 of the Code. Keeping in view authoritative enunciation of law laid down by Hon'ble the Supreme Court of India in "Gian Singh vs State of Punjab and another", 2012(4) R.C.R. (Criminal) 543 and in the light of facts and circumstances of the present case, this Court is of the considered opinion that continuation of criminal proceedings would amount to abuse of process of law and it is expedient in the interest of justice that criminal proceedings are put to an end.

In view of what has been discussed hereinabove, the petition is allowed and FIR No.50 dated 10.07.2016, for offence under Sections 307, 323, 324, 326, 498-A and 120-B IPC registered in Police Station Sadar Patti, District Tarn Taran and proceedings emanating therefrom are ordered to be quashed, qua the petitioners. 25.01.2017 (REKHA MITTAL) yakub JUDGE Whether speaking/reasoned Yes/No Whether reportable:

Yes/No Mohd. Yakub 2017.01.27 15:18 I attest to the accuracy and authenticity of this document Chandigarh