Hardip Singh and Others vs State of Punjab and Another

Naresh Kumar Sanghi, J.—This is a petition for quashing of FIR No. 69 dated 30.06.2012, under Sections 307 and 498A, IPC, registered at Police Station, Rangar Nagal, Tehsil Batala, District Gurdaspur, and all the subsequent proceedings arising therefrom, on the basis of compromise. Vide order dated 15.11.2013, this Court had directed the affected parties to appear on 28.11.2013 before the learned trial court for getting their respective statements recorded with regard to the compromise. The said Court was also directed to send a detailed report in that regard along with copies of the statements to this Court, on or before the adjourned date.

In compliance thereof, the petitioners, namely, Hardip Singh, Manpreet Singh, Harjit Kaur and Surain Singh as well as respondent No. 2, Manjeet Kaur @ Monika, did appear before the learned court below and got recorded their respective statements with regard to the compromise. The copies of the statements as well as the report to that effect have also been received from the learned Judicial Magistrate Ist Class, Batala.

Learned counsel for the petitioners submits that the present controversy has arisen out of a matrimonial dispute. During the pendency of the trial before the learned Judicial Magistrate Ist Class, the better sense has prevailed and both the factions have sorted out their disputes and effected a compromise. He further submits that in compliance of the order passed by this Court, the petitioners as well as respondent No. 2 did appear before the court below and got recorded their respective statements with regard to compromise. He further submits that all the terms and conditions of the compromise has been materialized and respondent No. 2 and petitioner No. 1, Hardip Singh, have decided to part company. He further submits that the chances of ultimate 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. He has also placed reliance on the law laid down by Hon''ble the Supreme Court in B.S. Joshi and Others Vs. State of Haryana and Another,

Learned counsel for the State, on instructions from ASI Sawambarjit Singh, Police Station, Rangar Nangal, District Gurdaspur, admits the factum of compromise effected between the parties. After going through the statements and the report, sent by learned Judicial Magistrate Ist Class, Batala, he submits that he has no objection if the impugned FIR and all the consequential proceedings arising therefrom, are quashed.

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

This criminal litigation has arisen out of a matrimonial dispute. The better sense has prevailed and the petitioners have sorted out their disputes with the aggrieved lady, i.e. respondent No. 2. All the terms and conditions of the compromise have been materialized. The husband and wife have proposed to part company and now they are living separately. In compliance of the order issued by this Court, the petitioners as well as respondent Nos. 2 appeared before the learned Judicial Magistrate Ist Class, Batala, and got recorded their respective statements in that regard. Manjeet Kaur (respondent No. 2) suffered the following statement before the court below:

I have compromised the matter with accused namely, Hardeep Singh, Manpreet Singh, Harjeet Kaur, Surain Singh, in the case FIR No. 69 dated 30.06.2012 u/s 498A IPC registered at Police Station, Rangar Nangal. I have compromised the matter without any coercion, in due inference or any pressure from the above said accused persons. I have compromised the matter on my own free will. I do not want to pursue with the present FIR and I do not have any objection if the present FIR be quashed by the Hon''ble Punjab and Haryana High Court in CRM-M-38582 of 2013. I have signed the compromise with the above said accused and I will be bound by the compromise.

Similar statements were suffered by the petitioners.

The operative part of the report received from the learned Judicial Magistrate Ist Class, Batala, reads as under:--

From the statements of the parties recorded, it appears to the Court that the parties have entered into said compromise which is without any pressure, coercion and same has been done with the free consent of the parties.

Taking into consideration the above facts, the chances of ultimate conviction of the petitioners are bleak, therefore, pendency of the FIR and continuation of the trial would be a sheer abuse of the process of law. The charge sheet was submitted for prosecution of the petitioners for the offence u/s. 498A, IPC only. In view of the factum of compromise and the law laid down by Hon''ble the Supreme Court in B.S. Joshi''s case (supra), the present petition is allowed and FIR No. 69 dated 30.06.2012, under Sections 307 and 498A, IPC, registered at Police Station, Rangar Nagal, Tehsil Batala, District Gurdaspur, and all the consequential proceedings arising therefrom are hereby quashed.