Jasmair Singh Anr. Vs. State of Haryana Anr.
[Criminal Appeal No. 1444 of 2022 arising out of S.L.P. (Crl.) No. 5724 of 2022]
This appeal arises out of the judgment and order dated 07.04.2022 passed by the High Court of Punjab and Haryana at Chandigarh in CRM-M No.974 of 2022.
The appellant husband is facing prosecution in crime registered pursuant to First Information Report No.55 dated 14.02.2016 lodged with Police Station Pehowa, District Kurukshetra, Haryana, in respect of offences punishable under Sections 323, 406, 498-A and 506 of the Indian Penal Code, 1860 (“IPC” for short).
A Memo of Compromise dated 23.12.2021 was entered into between the appellant husband and respondent no.2-wife in respect of all the pending litigations between the parties.
In accordance with said compromise, the appellant filed CRM-M No.974 of 2022 under Section 482 of the Code of Criminal Procedure, 1973 (“Cr.P.C.” for short) praying for quashing of the crime registered pursuant to First Information Report No.55 of 2016.
The request having been turned down, the instant appeal has been preferred by the appellant-husband. It is not disputed that a settlement was arrived at between the appellant-husband and the respondent no.2-wife. Since the parties have buried the hatchet and have decided to give quietus to the proceedings which were lodged inter se, going by the law declared by this Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303, the case was eminently suitable to be considered for exercise of jurisdiction under Section 482 of the Code.
We, therefore, allow this appeal, take the settlement on record and quash the proceedings registered pursuant to First Information Report No.55 dated 14.02.2016 lodged with Police Station Pehowa, District Kurukshetra, Haryana, in respect of offences punishable under Sections 323, 406, 498-A and 506 of the IPC.
……………………………CJI. [UDAY UMESH LALIT]
……………………………J. [S. RAVINDRA BHAT]
SEPTEMBER 05, 2022