IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CRM-M No.6557 of 2019
Date of Decision: 22.05.2019.
Amritpreet Singh and others
State of Punjab and another
CORAM: HON’BLE MR. JUSTICE RAJ SHEKHAR ATTRI
Present: Mr. Gobind Singh Randhawa, Advocate for the petitioners.
Mr. V. G. Jauhar, Senior, DAG, Punjab.
Mr. Gagandeep Singh Bajwa, Advocate
for respondent No.2.
RAJ SHEKHAR ATTRI J. (ORAL)
By invoking Section 482 Cr.P.C., the petitioners have prayed
for quashing of FIR No.22 dated 23.05.2017, under Sections 498-A and Section506
of the Indian Penal Code (Section 406 SectionIPC added later on), registered at
Police Station Qadian, District Gurdaspur, Punjab and proceedings
emanating therefrom on the basis of compromise (Annexure P-2) arrived at
between the parties.
In the present case, the FIR was registered on the statement of
Tejpreet Kaur wife of Amritpreet Singh. Now, dispute between the parties
has been resolved by way of compromise (Annexure P-2).
Vide order dated 18.03.2019, the parties were directed to
appear before the trial Court to get their statements recorded with regard to
genuineness of compromise.
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Pursuant thereto, a report has been submitted by the Judicial
Magistrate Ist Class, Batala, wherein it has been reported that statements of
the parties have been recorded and they have voluntarily compromised the
matter, without any coercion or pressure.
Counsel for the State and respondent No.2 have not disputed
that the parties i.e. petitioners and respondent No.2 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 ‘SectionGian 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, FIR No.22
dated 23.05.2017, under Sections 498-A and Section506 of the Indian Penal Code
(Section 406 SectionIPC added later on), registered at Police Station Qadian,
District Gurdaspur, Punjab and proceedings emanating therefrom stand
quashed qua the petitioners.
(RAJ SHEKHAR ATTRI)
May 22, 2019 JUDGE
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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