Ajay Kumar v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision : 02.09.2020 Ajay Kumar ......Petitioner versus State of Punjab and anr.

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. J.S.Dadwal, Advocate for the petitioner **** RITU BAHRI , J. (Oral) Issue notice of motion.

On asking of the Court, Mr. Hittan Nehra, Addl.A.G, Punjab and Mr. Mohit Sadana, Advocate accepts notice on behalf of the respondent-State and respondent No. 2 respectively. Quashing of FIR No. 0001 dated 04.01.2020 under Sections 406/498-A IPC, registered at Police Station Sadar, Sangrur, is being sought on the basis of compromise deed dated 16.03.2020 (Annexure P-2). Respondent No. 2 got married to petitioner on 18.02.2018. Due to temperamental differences, both the parties could not live together as husband and wife. The relationship between them became strained and F.I.R was registered against the petitioner on account of harassment and humiliation caused by the petitioner on the pretext of bringing less dowry by respondent No. 2.

However, the matter has now been duly compromised, on the

basis of compromise deed dated 16.03.2020 (Annexure P-2), which is being duly signed by the complainant and the petitioners. Learned counsel appearing for respondent No. 2 admits the contents of compromise effected between the parties on 16.03.2020 (P-2). Photocopy of the aadhar card of respondent No. 2 is already on record as Annexure P-3, which is not being disputed by learned State counsel. A perusal of the compromise deed dated 16.03.2020 (Annexure P-2) shows that the compromise has been effected voluntarily, without any pressure, coercion and with free will of the parties. The complainant has no objection if the F.I.R be quashed against the petitioners. Keeping in view prevailing COVID-19 situation and the fact that the compromise has been effected between the parties vide compromise deed dated 16.03.

2020 (Annexure P-2), whereby they have decided to get the F.I.R quashed, it is a fit case where there is no impediment in the way of the Court to exercise its inherent powers under Section 482 Cr.P.C for quashing of F.I.R in the interest of justice. Consequently, in view of the judgment of the Hon'ble Supreme Court in cases of Dr. Arvind Barsaul etc. versus State of Madhya Pradesh and another 2008(2) RCR (Criminal) 910, Madan Mohan Abbot vs. State of Punjab 2008(2) RCR (Criminal) and the law laid down by the Full Bench of this Court in the case of Kulwinder Singh and Ors. vs. State of Punjab and another 2007(3) RCR (Crl.) 1052, no useful purpose would be served in prolonging the litigation.

Accordingly, FIR No. 0001 dated 04.01.2020 under Sections 406/498-A IPC, registered at Police Station Sadar, Sangrur is quashed along

with all consequential proceedings arising therefrom qua petitioner. The petition stands disposed of.

02.09.2020 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No