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High Court of Punjab and HaryanaCRM-M/51164/2023allowed

Tinku @ Tinku Singh And ANR v. State Of Haryana And Another

2024-03-11Ms. Justice Harpreet Kaur Jeewan3 pages

- 1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: 11.03.2024 TINKU @ TINKU SINGH AND ANR

...Petitioners

Versus

STATE OF HARYANA AND ANOTHER

...Respondents

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

Mr. P.K. Garg, Advocate for Mr. R.K. Sharma, Advocate for the petitioners.

Ms. Mayuri Lakhanpal Kalia, DAG, Haryana.

Ms. Surender Kumar Sharma, Advocate for respondent No.2.

***** 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.0205 dated 22.12.2022, under Sections 323, 34, 406, 498-A, 506 IPC registered at Women Police Station Jind, District Jind (Annexure P-1), on the basis of affidavits dated 19.09.2023 and 28.09.2023 (Annexures P-2 to P-4) regarding the compromise arrived at between the parties.

[2] Learned counsel for the petitioners inter alia contends that the FIR was registered at the instance of respondent No.2-wife on account of a matrimonial dispute between the parties. He further contends that matter has been settled between the parties and they have executed affidavits dated 19.09.2023 and

- 228.09.2023 (Annexures P-2 to P-4) regarding the compromise between them. He submits that both the parties are living together, as such, respondent No.2 does not want to take any action in the present FIR.

[3] Learned counsel appearing on behalf of respondent No.2 has confirmed the factum of compromise between the parties. [4] On 04.12.2023, the parties were directed to appear before the CJM/Illaqa Magistrate/ trial Court for recording of their statements regarding the compromise.

[5] As per the report dated 08.02.2024, received from the Judicial Magistrate, Ist Class, Jind through the District & Sessions Judge, Jind compromise effected between the parties is genuine, voluntary and without any coercion or undue influence. The petitioners have not been declared as "Proclaimed Offenders" and they are 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.0205 dated 22.12.2022, under Sections 323, 34, 406, 498-A, 506 IPC registered at Women

- 3Police Station Jind, District Jind and all the subsequent proceedings emanating therefrom are ordered to be quashed, qua the petitioners. [9] However, the respondent No.2 and the State shall be at liberty to seek cancellation of this order, in case the final terms and conditions of the affidavits dated 19.09.2023 and 28.09.2023 (Annexures P-2 to P-4) regarding the compromise arrived at between the parties are violated. [10] Pending miscellaneous application(s), if any, shall also stand disposed of.

(HARPREET KAUR JEEWAN ) JUDGE 11.03.2024 P.Bhatt Whether speaking/reasoned Yes/No Whether reportable Yes/No