IN THE HIGH COURT OF PUNJAB AND HARYANA
Date of decision: 14.3.2019
Rakesh Kumar and others
State of Punjab and another
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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compromise has been effected between the parties. The affidavit is taken on
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
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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