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High Court of Punjab and HaryanaCRM-M/45948/2023allowed

Rajandeep Singh v. State Of Punjab And Others

2024-03-07Ms. Justice Harpreet Kaur Jeewan3 pages

- 1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: 07.03.2024 RAJANDEEP SINGH

...Petitioner

Versus

STATE OF PUNJAB AND OTHERS

...Respondents

CORAM: HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN Present :

Mr. Rohit Chaudhary, Advocate for the petitioner.

Mr. Ramandeep Singh, Sr. DAG, Punjab.

Ms. R.K. Kashyap, Advocate for respondent No.3.

***** HARPREET KAUR JEEWAN , J.

( ORAL) [1] The present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.024 dated 11.02.2020, under Section 498-A IPC registered at Police Station Lalru, District SAS Nagar (Annexure P-1), on the basis of compromise (Annexure P-2) arrived at between the parties.

[2] Learned counsel for the petitioner inter alia contends that the FIR was registered at the instance of respondent No.3-wife on account of a matrimonial dispute between the parties. He further contends that matter has been settled between the parties and compromise (Annexure P-2) has been executed between them. He submits that as per compromise (Annexure P-2), both the parties are living together, as such, respondent No.3 does not want to take any

- 2action in the present FIR.

[3] Learned counsel appearing on behalf of respondent No.3 has confirmed the factum of compromise between the parties. [4] On 14.09.2023, the parties were directed to appear before the trial Court/Illaqa Magistrate for recording of their statements regarding the compromise.

[5] As per the report dated 26.10.2023, received from the Judicial Magistrate, Ist Class, Dera Bassi through the District & Sessions Judge, SAS Nagar, compromise effected between the parties is genuine, voluntary and without any coercion or undue influence. The petitioner has not been declared as "Proclaimed Offender" and he is not involved in any other criminal case. [6] Learned State counsel has not raised any objection regarding the acceptance of the present petition.

[7] Keeping in view the facts and circumstances of the case and the fact that the compromise between the parties is genuine and voluntarily made and in view of the ratio of the decision of Hon'ble Apex Court in Gian Singh Versus State of Punjab (SC) 2012 (4) RCR (Criminal) 543 and the decision of Hon'ble the Full Bench of this Court in Kulwinder Singh and others vs. State of Punjab and others 2007 (3) RCR (Criminal) 1052, the ends of justice would meet if the FIR and consequential proceedings are quashed by accepting the compromise between the parties.

[8] Consequently, this petition is allowed and FIR No.024 dated 11.02.2020, under Section 498-A IPC registered at Police Station Lalru, District SAS Nagar and all the subsequent proceedings emanating therefrom are ordered to be quashed, qua the petitioner.

- 3- [9] However, the respondent No.3 and the State shall be at liberty to seek cancellation of this order, in case the final terms and conditions of compromise (Annexure P-2) are violated.

[10] Pending miscellaneous application(s), if any, shall also stand disposed of.

(HARPREET KAUR JEEWAN ) JUDGE 07.03.2024 P.Bhatt Whether speaking/reasoned Yes/No Whether reportable Yes/No