Sukhwinder Singh & ORS. v. State Of Punjab & ANR.
246 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Date of decision :13.10.2015 SUKHWINDER SINGH & ORS ..... PETITIONERS
VERSUS
STATE OF PUNJAB AND ANOTHER ........RESPONDENTS CORAM : HON'BLE MR. JUSTICE AJAY TEWARI ****
Present:
Mr.C.S.Bagri , Advocate for the petitioners.
.
Mr.Parvinder Singh, Advocate for respondent No.2. **** AJAY TEWARI, J. (Oral) This is a petition for quashing of FIR.
On 09.02.2015 the following order was passed:- "
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7 Thereafter, the report of the Additional District & Sessions Judge, SAS Nagar, Mohali dated 21.08.2015 has been received whereby he had mentioned that the parties had appeared before him and had attested to the fact that a compromise had indeed taken place between them and that the compromise had been executed voluntarily and without any pressure. He has further reported that in pursuance of the said compromise petitioner No.1-husband was to pay an amount of Rs. 6 lacs to respondent No.2-wife in lieu of her past, present and future alimony, out of which she has received an amount of Rs. 3 lacs and the remaining amount of Rs.3 lacs she will be receiving at the time of quashing of the present FIR.
Today in pursuance of the compromise arrived at between the parties, the remaining amount of Rs. 3 lacs has been handed over by the petitioner-husband to respondent No.2-wife by way of bank draft. Learned counsel for the petitioners states that apart from this there is one issue of transfer of the motor cycle to the name of petitioner No.1. Learned counsel for respondent No.2 states that she will co-operate
with petitioner No.1 to get that exercise concluded. The Hon'ble Supreme Court in Gian Singh v. State of Punjab and another reported as 2012(4) RCR(Criminal) 543 has discussed in detail the inherent powers of High Court in quashing a criminal proceeding or FIR or complaint where the parties have entered into compromise except the cases which involve offences such as murder, rape dacoity etc. as such offences are not private in nature and have serious impact on society.
In view of the above judicial pronouncement I am of the considered opinion that continuation of criminal proceedings between the parties would be an abuse of the process of law and the present compromise is for their benefit and will bring peace and harmony between them.
Consequently, this petition is allowed and the
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are quashed qua the petitioners.
Since the main case has been decided, the pending Criminal Misc. Application, if any, also stands disposed of. (AJAY TEWARI) JUDGE October 13, 2015 sunita