Avtar Singh vs State of Punjab

Inderjit Singh, J.—The petitioners have filed this petition u/s 482 Cr.P.C. praying for quashing of FIR No. 197 dated 3.11.2013 (Annexure-P. 1) registered for the offences under Sections 324, 323, 452, 506 and 34 IPC at Police Station Samrala, District Ludhiana and all subsequent proceedings arising therefrom in view of the compromise dated 17.2.2014 (Annexure-P. 2).

The FIR has been registered on the statement of complainant-Dinesh Kumar alleging that his marriage was solemnized on 23.1.2011 with Gurmeet Kaur (petitioner No. 2) daughter of Tarlochan Singh (petitioner No. 3). Out of this wedlock, one daughter, namely Jannat was born. Gurmeet Kaur asked the complainant that she wants to live separately and if they will not allow her to live separately, then pay Rs. 5,00,000/- to her and she will manage herself. The complainant showed his inability, due to which she started raising dispute with him. She called her brother and father on phone, who along with Gandhi and Lovely entered into their house and father-in-law of the complainant started abusing him. Avtar Singh brother-in-law of the complainant gave a slap on the head of the complainant and Gandhi gave ''Danda'' blow on his back. The accused Gandhi and Lovely gave ''Danda'' blows to the complainant. They also inflicted injuries to complainant''s mother, who came forward to rescue him. They also inflicted injuries to the father of the complainant. Due to these temperamental differences between the husband and wife, matrimonial dispute arose as a result of which the above said FIR was got registered against the petitioners. Now with the intervention of the relatives and friends, the matter has been amicably settled between them and the parties have decided to end their going on litigation enabling them to live peaceful life and have entered into a compromise.

Keeping in view the fact that the parties have entered into a compromise, they were directed to appear before learned Chief Judicial Magistrate, Ludhiana for getting their statements recorded in support of the compromise. After doing the needful, learned Chief Judicial Magistrate has sent his report dated 12.5.2014 submitting that the compromise arrived at between the parties is without any pressure or coercion from any one and the same is genuine one. Complainant-Dinesh Kumar has stated that the compromise has been effected, which is correct, genuine and without any pressure, inducement, threat or promise and has been arrived at with his free consent and he has no objection if the above said FIR is quashed.

Learned Assistant Advocate General, Punjab, on instructions from the Investigating Officer and learned counsel for complainant-respondent No. 2 admit the factum of compromise and submit that in case the parties have indeed settled their dispute, the State would have no objection to the quashing of the FIR in view of the law laid down by the Hon''ble Supreme Court.

I have gone through the record and have heard learned counsel for the petitioners as well as learned Assistant Advocate General, Punjab and learned counsel for complainant-respondent No. 2.

In a decision, based on compromise, none of the parties is a loser. Rather, compromise not only brings peace and harmony between the parties to a dispute, but also restores tranquility in the society. After considering the nature of offences allegedly committed and the fact that both the parties have amicably settled their matrimonial dispute, continuance of criminal prosecution would be an exercise in futility, as the chances of ultimate conviction are bleak.

The Hon''ble Supreme Court in Gian Singh Vs. State of Punjab and Another, , has held that the inherent jurisdiction of this Court u/s 482 Cr.P.C. can be exercised to quash the proceedings in respect of criminal cases arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry etc. or the family disputes where the wrong is basically private or personnel in nature and the parties have resolved their entire dispute even though they are not compoundable. Therefore, keeping in view the fact that the matrimonial dispute has been amicably settled and the law laid down in Gian Singh v. State of Punjab and another (supra), this petition is allowed and FIR No. 197 dated 3.11.2013 (Annexure-P. 1) registered for the offences under Sections 324, 323, 452, 506 and 34 IPC at Police Station Samrala, District Ludhiana and all subsequent proceedings arising out of the same are hereby quashed.