CRM-M-1834-2019 (OM) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
Date of decision: March 18, 2019
Karanvir Singh …Petitioner
State of Punjab and another …Respondents
CORAM: HON’BLE MR. JUSTICE RAJ SHEKHAR ATTRI
Present: Mr. Parvinder Singh, Advocate
for the petitioner.
Mr. Sukhbeer Singh, AAG, Punjab.
Mr. Munish Khanngwal, Advocate
for respondent No.2.
RAJ SHEKHAR ATTRI, J.(ORAL)
By invoking Section 482 of the Code of Criminal Procedure, the
petitioner has prayed for quashing of FIR No.20 dated 06.09.2016, under
Section 498-A of the Indian Penal Code, 1860 (for short ‘IPC’) (subsequently
added under Section 406 IPC), registered at Police Station Women District
SAS Nagar, Mohali and subsequent proceedings arising therefrom on the basis
of compromise (Annexure P-2).
In the present case, the FIR was registered on the statement of
Dalvir Kaur daughter of Tarlochan Singh. Now, dispute between the parties has
Vide order dated 16.01.2019, the parties were directed to appear
before the learned trial court/illaqa magistrate to get their statements recorded
with regard to genuineness of compromise.
Pursuant thereto, a report has been submitted by the learned
Judicial Magistrate Ist Class, Kharar, wherein it has been reported that
statements of the parties have been recorded and compromise entered between
the parties is voluntarily and genuine.
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CRM-M-1834-2019 (OM) -2-
Learned State counsel as well as learned counsel for respondent
No.2 have not disputed that the parties i.e. petitioner, respondent No.2
(complainant), have arrived at a settlement with an intent to give burial to their
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. Consequently,
FIR No.20 dated 06.09.2016, under Section 498-A IPC (subsequently added
under Section 406 IPC) registered at Police Station Women District SAS
Nagar, Mohali and subsequent proceedings arising therefrom on the basis of
compromise stands quashed qua petitioner.
March 18, 2019 (RAJ SHEKHAR ATTRI)
m. sharma JUDGE
Whether speaking/reasoned : yes/no
Whether reportable : yes/no
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