Keshav Kumar Alias Insan And Others v. State Of Punjab And Another

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 283+118 ***** Date of Decision : 22.3.2023 Keshav Kumar @ Insan and others ..... Petitioners versus State of Punjab and another ..... Respondents CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Present: Mr. Tejinderbir Singh, Advocate, for the petitioners Mr. Harpreet Singh, Addl. AG, Punjab Mr. J.S. Virk, Advocate, for respondent no.2 --- TRIBHUVAN DAHIYA J. (ORAL):

CRM No. 7715 of 2023:

The application is allowed for the reasons stated therein, and the judgment and decree passed under Section 13-B of Hindu Marriage Act, 1955,, granting divorce by mutual consent to the parties, is ordered to be taken on record as Annexure P-4, and exemption from filing certified/typed copies of the same is granted.

CRM-M No. 23793 of 2022:

The instant petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 159 dated 20.11.2015 under Section 498-A IPC registered at Police Station Moonak, District Sangrur (Annexure P-1), and all consequential proceedings arising therefrom, in view of the compromise deed dated 20.5.2022 (Annexure P-2) entered into between the petitioners and the complainant to settle their disputes in question. 2.

As the parties entered into a compromise to resolve their disputes

-2which led to registration of the criminal case, they were directed to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard, vide order dated 30.5.2022. Pursuant thereto, a report dated 17.11.2022 has been received from Sub-Divisional Judicial Magistrate, Moonak, Sangrur, at Flag 'A', stating that the compromise arrived at between the parties is without any pressure, coercion or undue influence. There is no criminal case pending against the petitioners, nor have they been declared proclaimed person(s).

3.

Learned State counsel and learned counsel appearing on behalf of respondent No.2-complainant admit the factum of compromise, and submit that they have no objection to quashing of the FIR on that basis. 4.

It has been held by the Supreme Court of India in cases Gian Singh v. State of Punjab and another, 2012(10) SCC 303 and State of Madhya Pradesh v. Laxmi Narayan and others, (2019) 5 SCC 688, that criminal cases having overwhelmingly civil character, particularly those arising out of commercial transactions or matrimonial relationships or family disputes, should be quashed when the parties have resolved their disputes among themselves in a bona fide manner by entering into a compromise.

5.

Further, reference can also be made to Full Bench judgment of this Court in Kulwinder Singh and others v. State of Punjab and another, 2007(3) R.C.R.(Criminal) 1052, holding that on the parties settling their disputes by way of a compromise, the High Court in exercise of power under Section 482 Cr.P.C. can allow the compounding of non-compoundable offences also, and quash the criminal proceedings to prevent abuse of the process of law or otherwise to secure the ends of justice.

6.

A perusal of the allegations in the FIR as well as the aforesaid report

-3establishes that the present case, arising out of matrimonial relationship, falls in the category of cases that can be quashed by the High Court in exercise of its inherent jurisdiction under Section 482 Cr.P.C., as per law laid down in the aforementioned judgments. The petitioners have no criminal antecedents. The offences alleged are not heinous in nature and cannot be termed as crime against the society; nor do they show mental depravity of the petitioners. Since disputes between the parties have been amicably resolved by way of the compromise, continuation of criminal proceedings will be an exercise in futility, as chances of ultimate conviction are not there, and it will hamper their peaceful coexistence even after resolution of disputes. 7.

Consequently, this petition is allowed. FIR No. 159 dated 20.11.2015 under Section 498-A IPC registered at Police Station Moonak, District Sangrur (Annexure P-1), and all consequential proceedings arising therefrom, are hereby quashed qua the petitioner.

(TRIBHUVAN DAHIYA) JUDGE 22.3.2023 Aw Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No