High CourtsSingle Bench

Narinder Singh and another vs State of Punjab and another

Punjab And Haryana At Chandigarh · Decided on 11 December 2012 · Citation: (2012) 12 P&H CK 0123

HON’BLE JUDGES
Ram Chand Gupta, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 482 · Penal Code, 1860 (IPC) — Section 148, 149, 323, 324, 498A · Protection of Women From Domestic Violence Act, 2005 — Section 3, 37, 5
CASE NUMBER
Criminal Miscellaneous No. M-34604 of 2012 (O and M)
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Judgment

4 paragraphs · 315 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. 36 dated 28.03.2010 (Annexure P-1) under Sections 323, 324, 148 and 498A read with Section 149 of Indian Penal Code and Sections 3, 5, 37 of the Protection of Women from Domestic Violence Act, registered at Police Station Dasuya, District Hoshiarpur, and all other consequential proceedings arising there from on the basis of compromise, Annexure P-2, having been entered between the parties. I have heard learned counsel for the parties and have gone through the record.

2.

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

3.

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.

4.

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 and Others Vs. State of Punjab and Another, . In the interest of harmonious relations between the parties, the present petition is allowed and the impugned FIR No. 36 dated 28.03.2010 (Annexure P-1) under Sections 323, 324, 148 and 498A read with Section 149 of Indian Penal Code and Sections 3, 5, 37 of the Protection of Women from Domestic Violence Act, registered at Police Station Dasuya, District Hoshiarpur alongwith all consequential proceedings qua petitioners Narinder Singh and Balbir Kaur is, hereby, quashed.