High Court of Punjab and HaryanaCRM-M/26193/2020allowed

Priyanka Sood And ORS v. State Of Punjab And Others

2021-01-07Mr. Justice Harnaresh Singh Gill3 pages

-1In the High Court of Punjab and Haryana at Chandigarh CRM-M No. 26193 of 2020 (O&M) Date of Decision: 07.1.2021 Priyanka Sood and others ......Petitioners

Versus

State of Punjab and others ......Respondents CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

Mr. Amandeep Singh , Advocate for the petitioners.

Mr. Randhir Singh Thind, DAG, Punjab.

Mr. Naresh Kumar, Advocate for Mr. K.S.Dadwal, Advocate for respondents No. 2 to 4.

**** HARNARESH SINGH GILL , J. (ORAL) Case is taken up for hearing through video conferencing. CRM-30263-2020 The application is allowed as prayed for. Reply on behalf of respondents No. 2 to 4 is taken on record.

CRM-M-26193-2020 This is a petition under Section 482 Cr.P.C. for quashing of DDR No. 18 dated 08.7.2015, registered under Section 66 of the Punjab Police Act, 2007 at Police Station Division No. 4, District Ludhiana in FIR No. 07 dated 07.1.2014 registered under Sections 452, 451, 323, 506, 34 IPC, Police Station Division No. 4, District Ludhiana and all the consequent proceedings arising therefrom.

Learned counsel for the petitioners submits that marriage of petitioner No. 1-Priyanka Sood was solemnized with Amit Ohri-respondent

-2No. 3 on 09.10.2013 and there was no issue out of the said wedlock. Due to the temperamental differences between the couple, they decided to part ways and started living separately. He further submits that now with the intervention of respectables, the matter has been amicably settled between the parties and a compromise/memorandum of settlement has been reduced into writing on 17.2.2020. As per the said compromise, both the parties shall withdraw all the cases filed against each other. It has also been resolved that Amit Ohri-respondent No. 3, the first party in the memorandum of settlement, agreed to pay Rs. 14.00 lacs as full and final claim to the second party i.e. Priyanka Sood-petitioner No. 1. Learned counsel for respondents No. 2 to 4 has not disputed the factum of compromise, effected between the parties.

In the present case, the matrimonial dispute has been settled between the husband and wife and they have decided to part ways. They have also filed a petition under Section 13-B of the Hindu Marriage Act, 1955 seeking a decree of divorce and the first motion statement has been recorded and the next date for recording of the second motion statement is fixed for 08.1.2021.

Since the parties have arrived at a compromise and have decided to live in peace, no useful purpose would be served in allowing the criminal proceedings to continue.

Accordingly, this petition is allowed. DDR No. 18 dated 08.7.2015, registered under Section 66 of the Punjab Police Act, 2007 at Police Station Division No. 4, District Ludhiana in FIR No. 07 dated 07.1.2014 registered under Sections 452, 451, 323, 506, 34 IPC, Police Station Division No. 4, District Ludhiana (Annexure P-1) and all the

-3consequential proceedings, arising therefrom, are quashed qua the petitioners on the basis of compromise/memorandum of settlement dated 17.2.2020 (Annexure P-2).

Needless to say that parties shall remain bound by the terms of compromise and their statements made in the Court below. (HARNARESH SINGH GILL) JUDGE January 07, 2021 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No