Gagan Batta vs State of Punjab

Naresh Kumar Sanghi, J.

CRM-17019-2014

Learned counsel for the applicant submits that in view of the presence of respondent No. 2 in the Court, the present application has been rendered infructuous.

Ordered accordingly.

CRM-M-8282-2014

Prayer in this petition is for quashing of FIR No. 29, dated 15.02.2008, for the offence punishable under Sections 406, 498A and 506 read with Section 34, IPC, registered at Police Station, City Sunam, District Sangrur, and the consequential proceedings arising therefrom, on the basis of compromise.

Vide order dated 11.03.2014, the affected parties were directed to appear on 27.03.2014 before the learned trial court for getting their respective statements recorded 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.

In compliance thereof, respondent No. 2/complainant, Minakshi as well as the petitioners did appear before the learned court below and recorded her statement with regard to the compromise which is as under:-

Stated that the case bearing FIR No. 29 dated 15.2.2008 u/s 498A/406/506/34 IPC P.S. City Sunam (Sangrur) was registered against Gagan Batta and others on my complaint.

But now with the intervention of the relatives and respectable persons of the society, the matter has stood compromised and accordingly, a petition bearing CRM M-8282 of 2014 has been filed for quashing of above said case FIR on the basis of compromise.

The matter has been settled for the sum of Rs. 19 lac payable by accused Gagan Batta in lump sum. After receiving the demand draft for the amount of Rs. 9 lac from the accused Gagan Batta, we have also filed a separate divorce petition by way of mutual consent u/s 13B of HMA. The remaining amount of Rs. 10 lac, as agreed, will be paid to me on my statement in the said joint petition for divorce, on second motion.

My compromise with accused Gagan Batta and others is without any pressure or coercion. It is the result of our free will and discretion.

Hence, I make humble prayer for acceptance of our compromise by the Hon''ble High Court and for acquittal of all the accused persons facing trial in the above said case FIR, by quashing of the FIR.

Similar statement was suffered by the petitioners.

The report received from the learned Sub-Divisional Judicial Magistrate, Sunam (Sangrur) reveals that the matter had been compromised between the private factions without any pressure or coercion.

Learned counsel for respondent No. 2/complainant who is present with Mr. Jagmeet Singh, Advocate, admits the factum of compromise and receipt of Rs. 9,00,000/- by Minakshi by way of a bank draft. The remaining amount of Rs. 10,00,000/- would be paid by petitioner No. 1, Gagan Batta, at the stage of second motion in the petition filed u/s 13B of the Hindu Marriage Act which is pending adjudication before the learned District Judge, Sunam. He further submits that he has no objection if the impugned FIR and the consequential proceedings are quashed on the basis of compromise.

Learned counsel for the petitioners submits that the affected parties have resolved their matrimonial dispute and effected a compromise. He further submits that the chances of conviction of the petitioners are bleak and, therefore, pendency of the FIR and continuation of the trial would be a sheer abuse of the process of law.

Learned counsel for the State also admits the factum of compromise and has no objection if the impugned FIR and the consequential proceedings are quashed.

I have heard the learned counsel for the parties and with their able assistance gone through the material available on record.

The present criminal litigation has arisen out of a matrimonial dispute and due to intervention of the elderly people of the society, the private factions have resolved their all disputes and effected a compromise. Out of the agreed amount, Rs. 9,00,000/- have been paid to respondent No. 2/complainant by way of a bank draft and the remaining amount of Rs. 10,00,000/- would be paid by petitioner No. 1 at the time of second motion issued in the petition u/s 13B of the Hindu Marriage Act.

In view of the factum of compromise and the law laid down by Hon''ble the Supreme Court in the matter of B.S. Joshi and Others Vs. State of Haryana and Another, the present petition is allowed and FIR No. 29, dated 15.02.2008, for the offence punishable under Sections 406, 498A and 506 read with Section 34, IPC, registered at Police Station, City Sunam, District Sangrur, and the consequential proceedings arising therefrom are hereby quashed.