Bharat Verma vs State of Punjab

Naresh Kumar Sanghi, J.—This is a petition for quashing of FIR No. 39 dated 15.06.2012, u/s 498-A, IPC, registered at Police Station, Phase II, SAS Nagar, and all the subsequent proceedings arising therefrom, on the basis of compromise (Annexure P-2).

Vide order dated 13.12.2013, this Court had directed the affected parties to appear on 21.12.2013 before the learned trial court for making their respective statements with regard to the compromise. The said Court was also directed to send its detailed report in that regard along with copies of the statements to this Court on or before the date fixed by this Court.

In compliance thereof, the petitioner, Bharat Verma appeared before the learned court below on 23.12.2013 and got recorded his statement with regard to the compromise.

Respondent No. 2/complainant- Shweta Thakur appeared before the learned Chief Judicial Magistrate, S.A.S. Nagar, Mohali, on 17.02.2014 and she also suffered the statement to the effect that she had effected a compromise with the petitioner voluntarily and without any pressure from any quarter. She also admitted the execution of the compromise Ex. C-1. She also deposed that she had withdrawn all the allegations levelled in the impugned FIR and she had no objection if the impugned FIR was quashed on the basis of compromise.

The report received from the learned Chief Judicial Magistrate, S.A.S. Nagar, Mohali, also reveals that the compromise effected between the private parties was out of free will and any coercion and the same was a valid compromise.

Learned counsel for the petitioner submits that the present criminal litigation has arisen out of a matrimonial dispute and both the private factions have sorted out all the disputes and effected a compromise. He also contends that a divorce petition u/s 13-B of the Hindu Marriage Act has also been filed before the learned District Judge, S.A.S. Nagar, Mohali, for grant of divorce by mutual consent and first motion in the said case has already been issued. He also submits that in the said petition, the statements of the parties have already recorded and the said case is now fixed for 04.07.2014 for pronouncement of the order by the learned District Judge. It has also been contended that the settled amount has been paid to respondent No. 2- Shweta Thakur. He further submits that out of the agreed amount, Rs. 1,50,000/- were paid by way of cheque and the remaining amount of Rs. 2,00,000/- has been deposited with the learned Chief Judicial Magistrate, S.A.S. Nagar, Mohali, by way of demand draft which has to be handed over to respondent No. 2 after decision of this case.

Learned counsel for the State fairly concedes that the petitioner as well as respondent No. 2 did appear before the learned Chief Judicial Magistrate, S.A.S. Nagar, Mohali, and suffered their respective statements with regard to the compromise. He, after going through the statements and the report sent by learned Chief Judicial Magistrate, S.A.S. Nagar, Mohali, submits that he has no objection if the impugned FIR and all the consequential proceedings arising therefrom, are quashed.

Learned counsel for respondent No. 2 has also admitted the factum of compromise and has no objection if the impugned FIR and all the consequential proceedings arising therefrom, are quashed. He further admits that out of the agreed amount, Rs. 1,50,000/- have been received by respondent No. 2 by way of cheque issued by the petitioner and the remaining amount of Rs. 2,00,000/- would be received by her (respondent No. 2) from the learned Chief Judicial Magistrate, S.A.S. Nagar, Mohali, which has been deposited by the petitioner by way of a demand draft.

Heard.

The present criminal litigation has arisen out of a matrimonial dispute. Both the private factions have sorted out their disputes and effected a compromise. The partial agreed amount has already been paid to respondent No. 2 by way of cheque and the remaining amount has been deposited by the petitioner by way of demand draft with the learned Chief Judicial Magistrate, S.A.S. Nagar, Mohali which shall be handed over to respondent No. 2- Shweta Thakur after decision of this case. All the counsel appearing for their respective parties are in unison that the private factions have sorted out their disputes and have no objection if the impugned FIR and all the consequential proceedings arising therefrom, are quashed on the basis of compromise. The petitioner as well as respondent No. 2 have also presented a petition u/s 13-B of the Hindu Marriage Act for grant of a decree of divorce by mutual consent and the same is now fixed before the learned District Judge, S.A.S. Nagar, Mohali, for pronouncement of order on 04.07.2014.

In view of the factum of compromise and the law laid down by Hon''ble the Supreme Court in B.S. Joshi and Others Vs. State of Haryana and Another, ; and Jitendra Raghuvanshi and Others Vs. Babita Raghuvanshi and Another, , the present petition is allowed and FIR No. 39, dated 15.06.2012, u/s 498-A, IPC, registered at Police Station, Phase II, SAS Nagar, Mohali, and all the consequential proceedings arising therefrom are hereby quashed.