High Court of Punjab and HaryanaCRM-M/57359/2023allowed

Rohit Vig@ Rohit Vij v. State Of Ut Chd And Another

2024-01-15Ms. Justice Harpreet Kaur Jeewan4 pages

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4 6 7 8# /9"# [2] Learned counsel for the petitioner contends that the present FIR was registered on account of a matrimonial dispute between the petitioner and respondent No.2-wife. However, by way of compromise dated 06.10.2023 (Annexure P-1), the parties have settled their dispute. The petitioner-husband has agreed to pay a sum of Rs.1,00,000/- to the respondent-wife on account of permanent alimony, as such, respondent No.2-wife does not want to pursue the present FIR. Both the parties have already filed joint petition for divorce under Section 13-B of Hindu Marriage Act, 1955. Joint statement of the parties (Annexure P-4) has also been recorded by the Additional District Judge, Panchkula

on 09.10.2023 wherein, part payment of Rs.75,000/- has been made by the petitioner to respondent No.2-wife and the petitioner has given an undertaking to make the remaining payment of Rs.25,000/- at the time of recording of the statement on second motion.

[3] Learned counsel appearing on behalf of respondent No.2 has confirmed the factum of compromise between the parties. [4] On 15.11.2023 the parties were directed to appear before the trial Court/Illaqa Magistrate for recording of their statements regarding the compromise. [5] The report dated 15.12.2023 of the Judicial Magistrate, Ist Class, Chandigarh through the District & Sessions Judge, Chandigarh, has been received. As per said report, the compromise between the parties is genuine. The relevant portion of the said report reads as under:

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.< [6] Learned State counsel has not raised any objection regarding the acceptance of the present petition.

[7] Hon'ble the Full Bench of this Court in Kulwinder Singh and others vs. State of Punjab and others 2007 (3) RCR (Criminal) 1052, has held that the High Court has power under Section 482 Cr.P.C. to allow the compounding of noncompoundable offences and quash the proceeding where the High Court is of the opinion that it is required to prevent the abuse of process of law or otherwise to secure the ends of justice.

[8] The matter has been settled between the parties and they have decided to live separately; the parties have made a joint statement in a joint petition for divorce filed under Section 13-B of the Hindu Marriage Act, 1955 wherein, the matter regarding permanent alimony has also been mutually settled between the

parties; the petitioner has not been declared as Proclaimed Offender in this case; no other case is pending against the petitioner and respondent No.2-complainant does not want to pursue the present case against the petitioner, therefore, this Court feels that in order to secure the ends of justice, the criminal proceedings deserve to be quashed.

[9] Consequently, this petition is allowed and FIR No.81 dated 23.11.2022, under Sections 498-A and 406 IPC, registered at Police Station Women, District Chandigarh on the basis of compromise dated 06.10.2023 (Annexure P-1) and all the subsequent proceedings emanating therefrom are ordered to be quashed, qua the petitioner.

[10] However, the respondent No.2-wife and the State shall be at liberty to seek cancellation of this order, in case the final terms and conditions of compromise dated 06.10.2023 (Annexure P-1) are violated. [11] Pending miscellaneous application (s), if any, shall also stand disposed of.

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