Davinder Kaur and Others vs State of Punjab and Another

Paramjeet Singh, J.—Present petition has been filed u/s 482 Cr. P.C. for quashing of FIR No. 80 dated 24.12.2005, under Sections 498A/ 34/ 307 IPC, registered at Police Station Hajipur, District Hoshiarpur, along with all consequential proceedings arising out of it, on the basis of compromise dated 2.4.2012 (Annexure P-2). Learned counsel for the petitioners states that this is a matrimonial dispute and now the parties have settled the dispute and are living together.

Learned counsel for the petitioners has relied upon a judgment of this Court in the matter of Bhupinder Kaur vs. State of Punjab and another, 2004(2) RCR (Cri.) 443 to contend that there is no reasonable likelihood of the accused being convicted for the offence for the reason that the complainant has compromised the matter with the accused and she is not likely to support the prosecution and from other facts and circumstances available on the record, therefore, it would not be in the interest of justice to decline the prayer for quashing of the FIR on the ground that it would amount to be permitting the parties to compound non-compoundable offence. It is further contended that now the parties i.e. petitioner No. 3 and respondent No. 2 are living together and leading peaceful married life, continuation of proceedings may cause hindrance in their peaceful married life.

Learned counsel for the complainant, on instructions from the complainant, states that complainant would have no objection, if the present FIR along with consequential proceedings, arising out of it, are quashed.

Learned counsel for respondent No. 2-complainant has also handed over an affidavit dated 12.9.2012 to the above effect, which is taken on record.

Consequently, in view of compromise (Annexure P-2) and keeping in view the law laid down by the Hon''ble Apex Court in the case of Madan Mohan Abbot vs. State of Punjab, 2008(2) RCR 429 (Criminal), by the Full Bench judgment of this Court in the case of Kulwinder Singh and others vs. State of Punjab and another, 2007(3) RCR (Crl.) 1052, and judgment of this Court in Bhupinder Kaur''s case (supra) no useful purpose would be served in prolonging the litigation. Present petition is allowed. FIR No. 80 dated 24.12.2005, under Sections 498A/ 34/ 307 IPC, registered at Police Station Hajipur, District Hoshiarpur, is hereby quashed and all the criminal proceedings arising out of the said FIR also stand quashed.