Gaurav Nagpal and others vs State of Punjab and Others

Naresh Kumar Sanghi, J.—Prayer in this petition is for quashing of FIR No. 34, dated 03.03.2010, under Sections 406 and 498A IPC, registered at Police Station ''C'' Division, Amritsar City, and the consequential proceedings arising therefrom, on the basis of compromise. Vide order dated 06.07.2012, this Court had directed the affected parties to appear before learned trial Court on 09.07.2012 for getting their respective statements recorded with regard to the compromise. The trial Court was also directed to send a detailed report in that regard on or before the date fixed by this Court.

In compliance of the above, petitioner No. 1 Gaurav Nagpal, who is husband of Namita Handa complainant, as well as Rakesh Handa and Namita Handa, respondents No. 2 and 3, respectively, did appear before the Court below and made their respective statements with regard to the compromise. Rakesh Handa and Namita Handa stated that FIR No. 34/2010 was registered at Police Station ''C'' Division, Amritsar, u/s 406/498A, IPC against Gaurav Nagpal and his other family members at their behest. The matter had been compromised with Gaurav Nagpal and his entire family members. Petition u/s 13B of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act), had already been filed by Gaurav Nagpal and Namita Handa, which was pending adjudication before the learned District Judge, Amritsar. They further deposed that they had no objection if the impugned FIR was quashed.

Similar statement was suffered by petitioner No. 1 Gaurav Nagpal.

Learned counsel for respondents No. 2 and 3 has admitted the factum of compromise and has no objection if the impugned FIR and the consequential proceedings are quashed.

Learned counsel for the State, on instructions from Assistant Sub Inspector Kamaljeet Singh of Police Station ''C'' Division, Amritsar, also admits the factum of compromise and has no objection if the impugned FIR and the consequential proceedings are quashed.

Heard.

This criminal litigation has arisen out of a matrimonial dispute which has amicably been sorted out due to intervention of the elderly people of the society. The parties have decided to part company and as a result thereof, petition in terms of Section 13B of the Act has already been filed before the learned District Judge at Amritsar.

Learned counsel representing the complainant''s side has also made the statement that he has no objection if the impugned FIR and the consequential proceedings are quashed. The statements of the complainant Namita Handa and respondent No. 2 Rakesh Handa, have already been recorded by the learned Court below with regard to the compromise. The State counsel has also verified the factum of compromise, as per instructions received from Assistant Sub Inspector Kamaljeet Singh of Police Station ''C'' Division, Amritsar. Keeping in view the totality of the facts and circumstances of the case as well as the law laid down by the Hon''ble Supreme Court in the case of B.S. Joshi and others Vs. State of Haryana and another, 2003(2), RCR (Criminal), 888, the petition is allowed and FIR No. 34, dated 03.03.2010, under Sections 406 and 498A IPC, registered at Police Station ''C'' Division, Amritsar City, and the consequential proceedings arising therefrom are hereby quashed.