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
State of Punjab and another
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.
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)
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
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