Sarabjit Singh vs State of Punjab

Inderjit Singh, J.—Sarabjit Singh-petitioner has filed this petition u/s 482 Cr.P.C. praying for quashing of FIR No. 42 dated 8.6.2013 (Annexure-P. 1) registered for the offences under Sections 498-A and 406 IPC at Police Station Kotbhai, District Muktsar and all subsequent proceedings arising therefrom in view of the compromise dated 25.1.2014 (Annexure-P. 2).

The marriage of the petitioner was solemnized with complainant-Gurbinder Kaur on 5.12.2008 according to Sikh rites and ceremonies at Jaitu. After the marriage, the petitioner and respondent No. 2 lived as husband and wife at Kharar in the house of the petitioner. However, no child was born out of this wedlock. Due to temperamental differences and due to different nature and thoughts, the parties could not adjust themselves with each other and it became quite impossible for the petitioner and respondent No. 2 to live as husband and wife under one and the same roof. Therefore, respondent No. 2 left the company of the petitioner in March 2013 and started residing at her parental house and got registered the above said FIR for the above mentioned offences against the petitioner. Now with the intervention of respectable persons of the area and relatives from both the sides, the matrimonial dispute has amicably been resolved as husband and wife have decided to part ways by filing petition seeking divorce by mutual consent and compromise (Annexure-P. 2) has been entered into between the parties.

Keeping in view the fact that the parties have entered into a compromise, they were directed to appear before learned trial Court/Illaqa Magistrate for getting their statements recorded in support of the compromise. After doing the needful, learned Judicial Magistrate 1st Class, Gidderbaha has sent his report dated 12.6.2014 submitting that the compromise arrived at between the parties is without any pressure or coercion from any one and the same is genuine one. Complainant Gurbinder Kaur has stated that she has compromised the matter with the accused with her free will and without any fear and she has no objection if the FIR is quashed.

Learned Assistant Advocate General, Punjab, on instructions from the Investigating Officer admits the factum of compromise and submits that in case the parties have indeed settled their matrimonial dispute, the State would have no objection to the quashing of the FIR in view of the law laid down by the Hon''ble Supreme Court.

I have gone through the record and have heard learned counsel for the petitioner as well as learned Assistant Advocate General, Punjab.

In a decision, based on compromise, none of the parties is a loser. Rather, compromise not only brings peace and harmony between the parties to a dispute, but also restores tranquility in the society. After considering the nature of offences allegedly committed and the fact that both the parties have amicably settled their matrimonial dispute, continuance of criminal prosecution would be an exercise in futility, as the chances of ultimate conviction are bleak.

The Hon''ble Supreme Court in Gian Singh Vs. State of Punjab and Another, has held that the inherent jurisdiction of this Court u/s 482 CrP.C. can be exercised to quash the proceedings in respect of criminal cases arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry etc. or the family disputes where the wrong is basically private or personnel in nature and the parties have resolved their entire dispute even though they are not compoundable. Therefore, keeping in view the fact that the matrimonial dispute has been amicably settled and the law laid down in Gian Singh v. State of Punjab and another (supra), this petition is allowed and FIR No. 42 dated 8.6.2013 (Annexure-P. 1) registered for the offences under Sections 498-A and 406 IPC at Police Station Kotbhai, District Muktsar and all subsequent proceedings arising out of the same are hereby quashed.