Rithik Gandhi and Others vs State of Punjab and Another

Tejinder Singh Dhindsa, J.—The instant petition has been filed u/s 482 Cr.P.C. seeking quashing of F.I.R. No. 4 dated 14.1.2014 under sections 406, 498A I.P.C. registered at Police Station Women Cell, District Jalandhar City. Learned counsel appearing for the petitioners would contend that the dispute between the parties which was essentially matrimonial in nature, has been amicably settled and towards such assertion would advert to a compromise deed dated 3.2.2014 placed on record at Annexure P-2.

Upon notice of motion having been issued, Mr. Anterpreet Singh, Advocate had put in appearance on behalf of complainant/respondent no. 2 namely Manisha Gandhi wife of petitioner no. 1. Counsel also states that the matter has been compromised. Even a reply by way of affidavit dated 7.3.2014 of the complainant has been filed in Court today and the same is taken on record. Perusal of the reply would reveal that the deponent i.e. Complainant in the present case has no objection to the F.I.R. being quashed in the light of compromise dated 3.2.2014. That apart, complainant Manisha Gandhi is present in Court and is identified through counsel. She even suffers a statement as per affidavit submitted today in Court.

Learned counsel for the complainant, at this stage, would apprise the Court that in the light of compromise dated 3.2.2014, petitioner no. 1 was liable to pay a total sum of Rs. 13 lacs as permanent maintenance. Counsel further submits that a divorce petition u/s 13B of the Hindu Marriage Act for dissolution of marriage by mutual consent has already been filed and petitioner no. 1 has already made a part payment of Rs. 6 lacs to the complainant vide cheque bearing no. 196850 dated 3.2.2014 drawn on Punjab National Bank, Danishmand, Jalandhar.

Petitioner no. 1, who is present in Court makes a statement and undertakes to make the balance payment of Rs. 7 lacs upon the petition preferred u/s 13B of the Hindu Marriage Act being accepted.

In the light of such factual position noticed herein above, I find it to be a fit case to intervene exercising the powers u/s 482 Cr.P.C. and to bring to an end the criminal proceedings initiated in the light of the impugned F.I.R. which otherwise would be construed as an abuse of the process of Court as also of the law. In taking such view, a reference may be made to a Full Bench judgment of this Court rendered in case of Kulwinder Singh and Others Vs. State of Punjab and Another,

For the reasons recorded above, the present petition is allowed. F.I.R. No. 4 dated 14.1.2014 under sections 406, 498A I.P.C. registered at Police Station Women Cell, District Jalandhar City and all proceedings emanating therefrom stand quashed on the basis of compromise having been entered into between the parties. Petition allowed.