High CourtsSingle Bench

Jaspal Singh and others vs State of Punjab and another

Punjab And Haryana At Chandigarh · Decided on 22 December 2010 · Citation: (2010) 12 P&H CK 0031

HON’BLE JUDGES
Ram Chand Gupta, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 482 · Penal Code, 1860 (IPC) — Section 328, 498(A)
CASE NUMBER
Criminal Miscellaneous No. M 31408 of 2010 (O and M)
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Judgment

6 paragraphs · 290 words

Ram Chand Gupta, J.—The present petition has been filed u/s 482 of the Code of Criminal Procedure for quashing of FIR No.104 dated 26.06.2010 under Sections 498-A/328 IPC, registered at Police Station Moga City, District Moga and all other consequential proceedings arising therefrom on the basis of compromise, Annexure P1, having been entered into between the parties.

2.

I have heard learned counsel for the parties and have gone through the record.

3.

It has been stated by learned counsel for the parties that dispute between them was matrimonial in nature and the same has since been settled due to intervention of respectable persons and relatives from both the sides. It has also been stated that petitioner No.1 and respondent No.2-complainant have started living together.

4.

Respondent No.2 - complainant also appeared in person with her counsel and filed reply by way of affidavit admitting the factum of compromise and stating that she is having no objection if the FIR and consequential proceedings are quashed.

5.

In appropriate cases FIR can be quashed on the basis of compromise by exercising power u/s 482 Cr.P.C., even if the offences are not compoundable. It was so held by Full Bench of this Court in the case of Kulwinder Singh v. State of Punjab, 2007 (3) RCR (Crl.) 1052.

6.

Since the parties have amicably settled the matter and compromise has been effected between them due to intervention of the respectable persons and relatives, in the interest of harmonious relations between the parties, the present petition is allowed and the impugned FIR No.104 dated 26.06.2010 under Sections 498-A/328 IPC, registered at Police Station Moga City, District Moga alongwith all consequential proceedings qua petitioners -Jaspal Singh, Rajpal Singh and Pritpal Kaur is, hereby, quashed.