CRM-M No. 62023 of 2018 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
CRM-M No. 62023 of 2018
Date of decision : 27.5.2019
Gurmej Singh and others ……..Petitioners
State of Punjab and another …….Respondents
CORAM:- HON’BLE MR. JUSTICE RAJ SHEKHAR ATTRI
Present: Ms. Sukhpinder Kaur, Advocate, for
Mr. Ritesh Pandey, Advocate, for the petitioners
Mr. Harpreet Multani, AAG, Punjab
Mr. Deepak Mehmi, Advocate, for respondent No. 2
RAJ SHEKHAR ATTRI, J.
By invoking Section 482 Code of Criminal Procedure (in short,
“SectionCr.P.C.”), the petitioners have prayed for quashing of FIR No. 222 dated
4.10.2018 for offence punishable under Section 498A of the Indian Penal
Code (in short, “SectionIPC”) registered at Police Station Civil Line, Batala and
proceedings emanating therefrom on the basis of compromise dated
4.12.2018 (Annexure P-2) arrived at between the parties.
In the present case, the FIR was registered on the statement of
Chandan Kaur wife of Gurmej Singh. Now, dispute between the parties has
been resolved by way of compromise Annexures P-2.
Vide order dated 14.5.2019, the parties were directed to appear
before the trial Court to get their statements recorded with regard to
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genuineness of compromise.
Pursuant thereto, a report has been submitted by 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 undue influence.
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. 222
dated 4.10.2018 for offence punishable under Section 498A of the Indian
Penal Code (in short, “SectionIPC”) registered at Police Station Civil Line, Batala
and proceedings emanating therefrom stand quashed qua the petitioners.
(RAJ SHEKHAR ATTRI)
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