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Rakesh Kumar And Others vs State Of Punjab And Another on 14 March, 2019

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CRM-M-6366-2019 (OM)

Date of decision: 14.3.2019

Rakesh Kumar and others

…Petitioner(s)

VERSUS

State of Punjab and another

…Respondent(s)

CORAM: HON’BLE MR. JUSTICE RAJ SHEKHAR ATTRI

Present: Mr. Liaqat Ali, Advocate,
for the petitioner(s).

Mr. V.G. Jauhar, Sr. DAG, Punjab.

Mr. Seema Rani respondent No.2 in person.
*****
RAJ SHEKHAR ATTRI, J.

By invoking Section 482 Cr.P.C., the petitioner(s) has prayed

for quashing of FIR No. 67 dated 8.4.2017 for offence punishable under

Sections 406, 498-A of the Indian Penal Code registered at Police Station

Goraya, District Jalandhar Rural, order dated 25.5.2018 (Annexure P-2) and

proceedings emanating therefrom on the basis of compromise/statements in

the divorce petition under Section 13-B of Hindu Marriage Act.

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

Seema Rani daughter of Mohinder Singh. Now, dispute between the parties

has been resolved by way of compromise compromise/statements in the

divorce petition under Section 13-B of Hindu Marriage Act.

Today, Smt. Seema Rani respondent No.2-complainant has

placed on record her affidavit in which she has categorically stated that a

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CRM-M-6366-2019 (OM) 2

compromise has been effected between the parties. The affidavit is taken on

record.

Statements of the parties have been recorded before the court

below in a petition filed under Section 13-B of the Hindu Marriage Act for

dissolution of marriage.

Counsel for the State and respondent No. 2 who is present in

Court, have not disputed that the parties i.e. petitioner and respondent No.2

(complainant) 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

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, FIR No. 67

dated 8.4.2017 under Sections 406, 498A IPC registered at Police Station

Goraya, District Jalandhar Rural, order dated 25.5.2018 and proceedings

emanating therefrom stand quashed qua the petitioner(s).

March 14, 2019 (RAJ SHEKHAR ATTRI)
Paritosh Kumar JUDGE

Whether speaking/reasoned : yes/no
Whether reportable : yes/no

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