Rupinder Kumar @ Deepak @ Inder And Others vs State Of Punjab And Another

Suvir Sehgal, J

The Court has been convened through video conferencing due to Covid-19 pandemic.

CRM-29902-2020

Prayer in the application is for preponement of the hearing of the main case, which is listed for hearing on 10.02.2021.

Notice of the application.

Mr. Mehardeep Singh, Addl.A.G. Punjab, who is present through video conferencing, accepts notice on behalf of respondent No.1-State. Mr. Vinod

Pundir, Advocate, accepts notice on behalf of respondent No.2. They do not have any objection to the advancement of the date of hearing.

Application is allowed.

Hearing of the main case is preponed to today and is taken on Board today itself.

Main case.

The instant petition has been filed for quashing of FIR No.106 dated 22.10.2019 (Annexure P-1) registered under Section 498-A of Indian Penal

Code, 1860 at Police Station Kathgarh, District S.B.S. Nagar, and DDR No.22 dated 11.11.2019, Annexure P-2, for adding Section 406 of IPC and

name o f additional accused-petitioners No.2 and 3 in the said FIR, on the basis of agreement/compromise, dated 18.01.2020, Annexure P-3, arrived at

between the parties alongwith all subsequent proceedings arising therefrom.

Counsel for the petitioners submits that the FIR was the outcome of the matrimonial dispute between the parties and the dispute has been resolved

and an aggrement/compromise dated 18.01.2020, Annexure P-3, has been effected between the parties. In terms of the compromise, a petition under

Section 13-B of the Hindu Marriage Act, 1955 for dissolution of the marriage by mutual consent has been filed in which the first motion was recorded

on 18.01.2020 and the petition is now fixed for recording of second motion on 18.12.2020. Counsel has referred to the petition filed under Section 13-B

of the Hindu Marriage Act, 1955, Annexure P-4, and submitted that the amount settled between the parties is to be paid upon the quashing of the FIR.

Vide order dated 07.02.2020, the parties were directed to appear before the Illaqa Magistrate/trial Court to get their statements recorded regarding the

compromise and a report was called for from the Court.

After recording the statements of the accused-petitioners and complainant-private respondents, the Sub Divisional Judicial Magistgrate, Balachaur,

Shaheed Bhagat Singh Nagar, has reported that the compromise in question is genuine, voluntary and without any coercion or undue influence. The

court has further reported that none of the accused have been declared as Proclaimed Offender and no other criminal case is pending against the

accused.

Hon'ble Supreme Court in Gian Singh Versus State of Punjab and another, 2012(4) RCR (Criminal) 543 has held that the High Court has wide power

under Section 482 of the Code of Criminal Procedure to quash an FIR or complaint having predominantly civil flavour or involving matrimonial

offences and family disputes wherein the wrong is basically private or personal in nature and the parties have resolved their entire dispute. The

Hon'ble Full Bench of this Court in case Kulwinder Singh vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052 and Hon'ble

Division Bench of this Court in case Sube Singh and another vs. State of Haryana and another, 2013(4) RCR (Criminal) 102 held that compounding of

offence can be allowed even after conviction, during pendency of the appeal and even in cases involving noncompoundable offences.

Counsel for the parties are also AD IDEM that in view of the settlement of the dispute between the parties, the present petition deserves to be

accepted. In view of the above, no purpose will be served in continuing with the criminal proceedings.

Accordingly, the petition is allowed. FIR No.106 dated 22.10.2019 (Annexure P-1) registered under Section 498-A of Indian Penal Code, 1860 at

Police Station Kathgarh, District S.B.S. Nagar, and DDR No.22 dated 11.11.2019, Annexure P-2, for adding Section 406 of IPC and name of

additional accused-petitioners No.2 and 3 in the said FIR and all the consequent proceedings arising therefrom, are quashed qua the petitioners.