Pinkey Chaggar vs State of Punjab

Naresh Kumar Sanghi, J.

CRM-18335-2014

Learned counsel for the petitioners does not press the prayer made in the instant application.

Disposed of accordingly.

CRM-M-9247-2014

Prayer in this petition is for quashing of FIR No. 238, dated 11.10.2012, for the offences punishable under Sections 406 and 498-A, IPC, registered at Police Station, Phase I, Mohali, and all the consequential proceedings arising therefrom, on the basis of compromise.

Vide order dated 14.03.2014, this Court had directed the affected parties to appear on 01.04.2014 before the learned trial court for making their respective statements with regard to the compromise. The said Court was also directed to send its detailed report in that regard along with copies of the statements on or before the date fixed by this Court.

In compliance thereof, respondent no. 2/complainant, Gurjit Kaur (wife of petitioner No. 3) as well as the petitioners (three in number) did appear before the learned court below and got recorded their respective statement with regard to the compromise.

The report along with copies of the statements suffered by the private factions received from the learned Chief Judicial Magistrate, S.A.S. Nagar, Mohali, reveals that the compromise effected between the parties was out of free will and without any coercion and the same was a valid one.

Respondent No. 2/complainant, Gurjit Kaur, suffered the following statement:-

Stated that FIR of the present case was registered in terms of my statement against the accused person. I have effected compromise with the accused on 07.10.2013. Copy of the compromise is Mark B. As per the compromise today I have received the original draft bearing No. 046336 dated 24.03.2014 for Rs. 2 lacs from the accused and copy of the same is Mark A. I effected compromise voluntarily with accused without any pressure from any quarter. I withdraw the allegations mentioned in the FIR. I have no objection if the FIR is quashed on the basis of compromise by the Hon''ble High Court.

Similar joint statement was suffered by the petitioners.

Learned counsel for respondent No. 2 who is present in the Court along with Gurjit Kaur submits that out of the agreed amount to be paid to Gurjit Kaur, Rs. 2,50,000/- has been received by the complainant and the remaining amount of Rs. 1,75,000/- would be paid by petitioner No. 3 to respondent No. 2 at the time of second motion before the learned District Judge in divorce petition on 08.09.2014. He further submits that in view of the compromise effected between the parties, he has no objection if the impugned FIR and all the consequential proceedings arising therefrom, are quashed.

Learned counsel for the petitioners submits that the present criminal litigation has arisen out of a matrimonial dispute and both the private factions have sorted out all the disputes and effected a compromise. He also contends that a divorce petition u/s 13-B of the Hindu Marriage Act has also been filed before the learned District Judge, for grant of divorce by mutual consent and first motion in the said case has already been issued. He further submits that except the payment of Rs. 1,75,000/-, all the terms and conditions have been materialized.

Learned counsel for the State after going through the statements and the report sent by learned Chief Judicial Magistrate, S.A.S. Nagar, Mohali, 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 material available on record.

The present criminal litigation has arisen out of a matrimonial dispute. Both the private factions have sorted out their disputes and effected a compromise. Petitioner No. 3 (husband) and respondent No. 2 (wife) have opted to part company with each other. The petitioner as well as respondent No. 2 have also presented a petition u/s 13-B of the Hindu Marriage Act for grant of a decree of divorce by mutual consent. The first motion has already been issued and the second motion is fixed for 08.09.2014. Most of the conditions of the compromise have already been materialized. Only an amount of Rs. 1,75,000/- is to be paid to respondent No. 2 by petitioner No. 3 at the time of second motion. All the counsel appearing for their respective parties are in unison that the private factions have sorted out their disputes and have no objection if the impugned FIR and all the consequential proceedings arising therefrom, are quashed on the basis of compromise.

In view of the factum of compromise and the law laid down by Hon''ble the Supreme Court in B.S. Joshi and Others Vs. State of Haryana and Another, ; and Jitendra Raghuvanshi and Others Vs. Babita Raghuvanshi and Another, the present petition is allowed and FIR No. 238, dated 11.10.2012, for the offences punishable under Sections 406 and 498-A, IPC, registered at Police Station, Phase I, Mohali, and all the consequential proceedings arising therefrom are hereby quashed.