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Harjap Singh And Ors vs State Of Punjab And Anr on 8 April, 2019

CRM-M-4930-2019 -1-

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH

CRM-M-4930-2019
Date of decision: 08.04.2019

Harjap Singh and others …Petitioners

Versus

State of Punjab and another …Respondents

CORAM: HON’BLE MR. JUSTICE RAJ SHEKHAR ATTRI

Present:- Mr. Akhilesh Vyas, Advocate
for the petitioners.

Mr. Sukhbeer Singh, AAG, Punjab.

Ms. Navneet Kaur, Advocate
for respondent No. 2.

RAJ SHEKHAR ATTRI, J. (Oral)

By invoking Section 482 of the Code of Criminal Procedure (in

short ‘Cr.P.C.’), the petitioners have prayed for quashing of FIR No. 96 dated

09.06.2018 (Annexure P-1) for offences punishable under Sections

328, 498-A, 34 and 406 (added later on) of the Indian Penal Code

(in short ‘IPC’) along with all consequential proceedings emanating therefrom,

registered at Police Station Sultanwind, District Police Commissionerate,

Amritsar, on the basis of the compromise dated 21.11.2018 (Annexure P-2).

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

respondent No. 2/complainant Gurinder Kaur wife of Harjap Singh. Now, the

dispute between the parties has been resolved by way of compromise dated

21.11.2018 (Annexure P-2).

Vide order dated 01.02.2019, the parties were directed to appear

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CRM-M-4930-2019 -2-

before the trial Court to get their statements recorded with regard to

genuineness of compromise.

Pursuant thereto, a report has been submitted by Judicial

Magistrate First Class, Amritsar, 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 as well as counsel for respondent

No. 2/complainant 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.

Counsel for the petitioners has submitted that subsequently

offence under Section 406 IPC has also been added on the basis of the same

allegations and the same may be included in this petition.

Let the newly added offence under Section 406 IPC be included

in this petition.

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 Supreme Court in

‘Gian Singh vs. 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

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No. 96 dated 09.06.2018 (Annexure P-1) for offences punishable under

Sections 328, 498-A, 34 and 406 (added later on) of the IPC, registered at

Police Station Sultanwind, District Police Commissionerate, Amritsar and all

the proceedings emanating therefrom stand quashed qua the petitioners.

08.04.2019 (RAJ SHEKHAR ATTRI)
SHABHA JUDGE

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

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