Harvinder Kaur v. State Of Punjab & ANR

CRM-M-7663-2016

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Criminal Misc. No. M-7663 of 2016 (O&M) Date of Decision: August 03, 2018 Harvinder Kaur ..........PETITIONER

VERSUS

State of Punjab and another ........RESPONDENTS CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Nand Lal Sammi, Advocate for the petitioner.

Mr. Ramandeep Sandhu, Sr. D.A.G., Punjab for State-respondent No. 1 Mr. T.S.Turka, Advocate for respondent No. 2.

******* SURINDER GUPTA, J.(Oral) CRM-23120-2017 This is application for treating petition (CRM-M-7663-2016) as petition seeking quashing of FIR No. 14 dated 06.02.2016 registered at Police Station Women Cell, District Patiala for the offences punishable under Sections 420, 494, 495 of Indian Penal Code (for short IPC) (Annexure P-4) on merit, as petition seeking quashing of that FIR on the basis of compromise dated 02.03.2017 (Annexure P-5). Vide order dated 14.05.2018, parties were directed to appear before Area Magistrate for recording their statements. Report of the Area Magistrate has been received, wherein confirms the compromise between Jyoti 2018.08.08 10:02 I attest to the accuracy and authenticity of this document

CRM-M-7663-2016 the parties and states that it appears to be voluntary in nature and without undue influence or pressure.

Learned counsel for the parties submit that there was matrimonial dispute between the parties which has been amicably settled, as a result of which the entire litigation in between them has come to an end. They have also ended their matrimonial alliance by way of decree of divorce by mutual consent.

Keeping in view the above facts, this application is allowed and present petition is converted into petition seeking quashing of FIR on the basis of compromise.

CRM-M-7663-2016 Keeping all the above facts in view, I am of the considered opinion that it is a fit case in which the impugned FIR should be quashed. Keeping the case pending will not serve the ends of justice. The quashing of the FIR will provide the parties to this petition an opportunity to live in an amicable, peaceful and harmonious atmosphere which is not only in the interest of the parties but also for their families and ultimately the society at large.

For the reasons as discussed above, the instant petition is allowed and the impugned FIR No. 14 dated 06.02.2016 (Annexure P-4) registered at Police Station Women Cell, District Patiala along with all consequential proceedings arising therefrom, qua petitioner, is quashed. ( SURINDER GUPTA ) August 03, 2018 JUDGE Jyoti-II Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No Jyoti 2018.08.08 10:02 I attest to the accuracy and authenticity of this document