Swaranjit Singh @ Bhallu & ANR v. State Of Punjab & ANR

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

Criminal Misc. No.M-43904 of 2014 .....

Date of decision:20.2.2015 Swaranjit Singh alias Bhallu and another .....Petitioners v.

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

Present:

Mr. Vaibhav Narang, Advocate for the petitioners. Mr. Varun Sharma, Assistant Advocate General, Punjab for the respondent-State.

None for complainant-respondent No.2.

.....

Inderjit Singh, J.

This petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No.13 dated 5.11.2014 (Annexure-P.3) registered for the offences under Sections 498-A, 406 and 323 IPC at Police Station Women, District Amritsar City and all subsequent proceedings arising therefrom in view of the compromise (Annexure-P.1). The marriage of the complainant was solemnized with petitioner No.1 Swaranjit Singh on 19.11.2012 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-Ranjit Kaur against her husband and his family members. Now with the intervention of respectable persons, the

Cr. Misc. No.M-43904 of 2014 [2] 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 Chief Judicial Magistrate, Amritsar, has sent her report dated 11.2.2015 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 Assistant Advocate General, Punjab, on instructions from the Investigating Officer admits the factum of compromise and submits 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 Assistant Advocate General, Punjab 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, continuance of criminal prosecution would be an exercise in futility, as the chances of ultimate conviction are bleak.

Cr. Misc. No.M-43904 of 2014 [3] 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.13 dated 5.11.2014 (Annexure-P.3) registered for the offences under Sections 498-A, 406 and 323 IPC at Police Station Women, District Amritsar City and all subsequent proceedings arising out of the same are hereby quashed. February 20, 2015.

(Inderjit Singh) Judge *hsp*