Crl. Misc. M 45579 of 2016 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
Crl. Misc. M 45579 of 2016
Date of decision: 17.03.2017
Pawan Kumar alias Pamma and others …….. Petitioners
State of Punjab and another …….Respondents
Coram: Hon’ble Mrs. Justice Rekha Mittal
Present: Mr. Bhavesh Aggarwal, Advocate for
Mr. Ashish Aggarwal, advocate
for the petitioners
Mr. Mikhail Kad, AAG, Punjab
Mr. Kuldeep Singh, Advocate
for respondent No. 2
Rekha Mittal, J.
Through the present petition filed under Section 482 of the
Code of Criminal Procedure (in short, ‘Cr.P.C.’), the petitioners have prayed
for quashing of FIR No. 74 dated 20.04.2013 for offence punishable under
Sections 498-A read with Section 120-B of the Indian Penal Code (in short,
‘IPC’) (Section 406 IPC added later) registered with Police Station Sadar
Amritsar, District Amritsar City and proceedings emanating therefrom on
the basis of compromise dated 15.12.2016 (Annexure P-2) arrived at
between the parties.
Counsel for the petitioners states that petitioner No. 1 and
respondent No. 2 have mutually decided to resolve their personal
differences and also decided to part ways vide compromise deed dated
Vide order dated 20.12.2016, the parties were directed to
appear before the trial Court to get their statements recorded with regard to
1 of 2
::: Downloaded on – 25-03-2017 08:41:51 :::
Crl. Misc. M 45579 of 2016 2
genuineness of compromise.
Pursuant thereto, a report has been submitted by the Judicial
Magistrate, wherein it has been reported that statements of the parties have
been recorded and they have voluntarily compromised the matter.
Counsel for the State does not dispute genuineness of the
compromise in view of report of the trial Court.
Counsel for respondent No. 2 has conceded to the position.
A perusal of allegations in the FIR reveals that the present case
squarely falls in that category of cases which can be quashed by the High
Court, in exercise of its inherent power under Section 482 Cr.P.C. Keeping
in view the 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 of the
present case, 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 criminal proceedings are put to an
In this view of the matter, the petition is allowed and FIR No.
74 dated 20.04.2013 for offence punishable under Sections 498-A read with
Section 120-B IPC (Section 406 IPC added later) registered with Police
Station Sadar Amritsar, District Amritsar City and proceedings emanating
therefrom on the basis of compromise dated 15.12.2016, stand quashed qua
the petitioners. The parties shall remain bound by the terms and conditions
(Rekha Mittal) Judge 17.03.2017 mohan bimbra Whether speaking/reasoned : Yes/No whether reportable : Yes/No 2 of 2 ::: Downloaded on - 25-03-2017 08:41:52 :::