Harsimran Singh vs State of Punjab and Another

Inderjit Singh, J.—This petition has been filed u/s 482 Cr.P.C. praying for quashing of FIR No. 226 dated 31.12.2013 (Annexure-P. 1) registered for the offences under Sections 323, 324 and 34 IPC at Police Station Adampur, District Jalandhar City and all subsequent proceedings arising therefrom in view of the compromise dated 12.3.2013 (Annexure-P. 2).

The marriage of the petitioner and complainant-respondent No. 2 was solemnized four years before the date of registration of the FIR. The matrimonial dispute arose between the husband and wife as the complainant tried to stop her husband and mother-in-law to sell the land. The FIR has been registered on the statement of complainant-Sarabjit Kaur on the allegations that the petitioner and deceased Mohinder Kaur had given beatings to her. It is submitted that the dispute is between the husband and wife and now a compromise has been effected between the parties and they have decided to live together. Both the parties have agreed to bury all their disputes for the benefit of their minor son.

Keeping in view the fact that the parties have entered into a compromise, they were directed to appear before learned Chief Judicial Magistrate, Jalandhar for getting their statements recorded in support of the compromise. After doing the needful, learned Chief Judicial Magistrate, Jalandhar has sent his report dated 29.4.2014 submitting that the compromise arrived at between the parties is without any pressure or coercion from any one and the same is genuine one. Complainant Sarabjit Kaur has stated that the compromise has been arrived at with the accused-petitioner voluntarily and without any pressure from any side and she has no objection if the FIR is quashed.

Learned Assistant Advocate General, Punjab, on instructions from the Investigating Officer and learned counsel for complainant-respondent No. 2 admit the factum of compromise and submit that in case the parties have indeed settled their dispute, the State would have no objection to the quashing of the FIR in view of the law laid down by the Hon''ble Supreme Court.

I have gone through the record and have heard learned counsel for the petitioner as well as learned Assistant Advocate General, Punjab and learned counsel for complainant-respondent No. 2.

In a decision, based on compromise, none of the parties is a loser. Rather, compromise not only brings peace and harmony between the parties to a dispute, but also restores tranquility in the society. After considering the nature of offences allegedly committed and the fact that both the parties have amicably settled their matrimonial dispute, continuance of criminal prosecution would be an exercise in futility, as the chances of ultimate conviction are bleak.

The Hon''ble Supreme Court in Gian Singh Vs. State of Punjab and Another, , has held that the inherent jurisdiction of this Court u/s 482 Cr.P.C. can be exercised to quash the proceedings in respect of criminal cases arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry etc. or the family disputes where the wrong is basically private or personnel in nature and the parties have resolved their entire dispute even though they are not compoundable. Therefore, keeping in view the fact that the matrimonial dispute has been amicably settled and the law laid down in Gian Singh v. State of Punjab and another (supra), this petition is allowed and FIR No. 226 dated 31.12.2013 (Annexure-P. 1) registered for the offences under Sections 323, 324 and 34 IPC at Police Station Adampur, District Jalandhar City and all subsequent proceedings arising out of the same are hereby quashed.