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Sukhwinder Singh @ Kakka vs State Of Punjab And Anr on 28 February, 2017

CRM-M No. 6528 of 2017 1

IN THE HIGH COURT OF PUNJAB HARYANA, CHANDIGARH

CRM-M No. 6528 of 2017
Date of decision : February 28, 2017

Sukhwinder Singh @ Kakka
……. Petitioner
Versus
State of Punjab and another
…….. Respondents

CORAM: HON’BLE MRS. JUSTICE REKHA MITTAL

Present:- Mr. G. S. Brar, Advocate
for the petitioner.
***

Rekha Mittal, J (oral).

The petitioner has prayed for quashing of FIR No.12

dated 5/2/2016 for offence punishable under Sections 406, 498-A of the

Indian Penal Code (in short “IPC”) registered at Police Station, Women,

District Patiala on the basis of compromise(Annexures P-2).

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

respondent No.2-complainant Sukhwinder Kaur @ Sweety. Now the matter

has been amicably settled between the parties.

Respondent No.2-complainant is present in Court. Affidavit of

respondent No.2 filed in Court is taken on record. Her statement was

recorded and a relevant extract therefrom is quoted thus:-

” I file my affidavit today in the Court along with copy of my

Aadhar Card duly attested by the Notary and contents of my

affidavit may be read as a part of my statement. Dispute

between me and my husband has been settled by way of

compromise Annexure P-2 and in pursuance thereof we are

residing together as husband and wife. I have got no objection

if FIR No. 12 dated 5.2.2016 registered for offence punishable
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CRM-M No. 6528 of 2017 2

under Section 498-A IPC (offence under Section 406 IPC added

later) is ordered to be quashed. Sukhwinder Singh @ Kakka my

husband joined investigation, released on bail but the matter is

still under investigation.”

Counsel for the petitioner submits that as the parties have

amicably settled their differences, no useful purpose would be served by

continuation of the criminal proceedings.

Respondent No. 2 has not disputed contention of the petitioner

that they have arrived at an amicable settlement.

I have heard counsel for the parties and perused the records.

There is nothing on record to doubt correctness of the

compromise effected between the parties, whereby they have decided to

settle their dispute with an intention to live in peace and harmony. The

present case falls in the category of cases, which can be allowed to be

quashed by way of compromise, in exercise of inherent jurisdiction under

Section 482 Cr.P.C. in view of decision of Hon’ble the Supreme Court of

India in Gian Singh v. State of Punjab and another, 2012(4) R.C.R.

(Criminal) 543.

In view of what has been discussed hereinabove, the petition is

allowed and FIR No.12 dated 5/2/2016 for offence punishable under

Sections 406, 498-A IPC registered at Police Station, Women, District

Patiala and proceedings emanating therefrom are ordered to be quashed,

qua the petitioner.

February 28, 2017 (REKHA MITTAL)
archana JUDGE

Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
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