Arvind Kumar And ORS v. State Of Punjab And ANR

226 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (through video conferencing) CRM-M-50163-2021 Decided on : 01.02.2022 Arvind Kumar & ors.

...... Petitioners

Versus

State of Punjab & another ...... Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Mr. Ankit Grewal, Advocate for the petitioners.

Mr. Luvinder Sofat, AAG, Punjab.

Mr. M.S.Chauhan, Advocate for respondent No.2.

**** Manjari Nehru Kaul, J.(Oral) Instant petition has been filed under Section 482 Cr.PC for quashing of FIR No.10 dated 23.01.2019 under Sections 498-A and 406 IPC registered at Police Station Women, District Patiala and all the consequential proceedings arising out of the same, on the basis of compromise dated 18.11.2021 (Annexure P-2) arrived at, between the parties. Learned counsel for the petitioners submits that FIR in question emanates from the matrimonial dispute between petitioner No.1 and the complainant-wife. He further submits that subsequent to the registration of the FIR in question, the parties have arrived at an amicable settlement vide compromise (Annexure P-2) dated 18.11.2021. It has also been submitted that the a joint petition under Section 13-B of the Hindu Marriage Act, 1955 has also been filed, which is pending consideration. Vide order dated 01.12.2021 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate to get their SONIA BURA 2022.02.02 12:18 I attest to the accuracy and integrity of this document chandigarh

CRM-M-50163-2021 - 2 - respective statements recorded regarding the compromise arrived at, between them.

Report dated 06.01.2022 has since been received from the JMIC, Patiala in pursuance to the direction of this Court. As per the report, compromise has indeed been effected between the parties and the same is without any pressure or coercion and out of their free will. The trial Court has annexed the photocopies of the statements of the parties alongwith its report. Learned State counsel assisted by counsel for respondent No.2 also submits that there is no other accused other than the petitioners and respondent No.2 is the only aggrieved person in the FIR in question. In view of the report of the learned JMIC, Patiala and the principles laid down by the Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303 and Narinder Singh and others Vs. State of Punjab and another 2014(2) R.C.R. (Criminal) 482, the instant petition(s) is allowed. The aforesaid FIR along with all consequential proceedings arising out of them, are quashed.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. 01.02.2022 (MANJARI NEHRU KAUL) sonia JUDGE Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2022.02.02 12:18 I attest to the accuracy and integrity of this document chandigarh