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Amit Sharma And Others vs The State Of Punjab And Another on 19 March, 2019

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM No.100 of 2019 in/and
CRM-M-32672 of 2018

Date of Decision: 19-3-2019

Amit Sharma and others …Petitioners

v.

State of Punjab and another …Respondents

CORAM: HON’BLE MR. JUSTICE RAJ SHEKHAR ATTRI

Present: Mr.Rajesh Bhatheja, Advocate
for the petitioners.

Mr.Sukhbeer Singh, AAG, Punjab.

Mr.Satish Singla, Advocate
for respondent No.2.

RAJ SHEKHAR ATTRI, J.(ORAL)

CRM No.100 of 2019

The application is allowed. Order dated 22.11.2018 is recalled and

the case is restored to its original number. Same is taken on Board today itself.

CRM-M No.32672 of 2018

By invoking Section 482 of the Code of Criminal Procedure, the

petitioners have prayed for quashing of FIR No.312 dated 27.10.2015, under

Sections 498A, 406, 34 of the Indian Penal Code (for short ‘IPC’), registered at

Police Station City Barnala, District Barnala and subsequent proceedings

arising therefrom on the basis of compromise dated 1.6.2016 (Annexure P-2).

In the present case, the FIR was registered on the statement of

Rajni Sharma @ Dudeja – respondent No.2. Now, dispute between the parties

has been resolved before the Mediation and Conciliation Centre of this Court,

carried out in CRM-M No.41300 of 2015. Respondent No.2 – Rajni Sharma

@ Dudeja who is present in Court filed her affidavit in Court which is taken on

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CRM No.100 of 2019 in/and [2]
CRM-M-32672 of 2018

record. In her affidavit, while confirming the compromise/settlement, she

states that she is living happily with her husband in her matrimonial home.

Learned counsel for the State as well as learned counsel for

respondent No.2 have not disputed that the parties i.e. petitioners, respondent

No.2 (complainant), have arrived at a settlement with an intent to give burial to

their differences.

Perusal of allegations in the FIR reveals that the present case

squarely falls in the category of cases that can be quashed by the High Court,

in exercise of its inherent power under Section 482 Cr.P.C. Keeping in view

authoritative enunciation of law laid down by Hon’ble the Supreme Court in

Gian Singh v. State of Punjab and another’, 2012 (4) R.C.R. (Criminal) 543

and in the light of facts and circumstances discussed hereinbefore, this Court is

of the considered opinion that continuation of criminal proceedings would

amount to abuse of process of law and it is expedient in the interest of justice

that the same are put to an end.

For the foregoing reasons, the petition is allowed and FIR No.312

dated 27.10.2015, under Sections 498A, 406, 34 IPC, registered at Police

Station City Barnala, District Barnala and subsequent proceedings arising

therefrom on the basis of compromise stands quashed qua the petitioners.

March 19, 2019 (RAJ SHEKHAR ATTRI)
JUDGE
RC

Whether speaking/reasoned? Yes/No
Whether reportable? Yes/No

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