IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl. Misc. No.M-25899 of 2008
Date of Decision : 08.01.2009
Inderjit Singh
...Petitioner
Versus
State of Punjab & another
...Respondents
Crl. Misc. No.M-182 of 2009
Mohinder Kaur & others
...Petitioners
Versus
State of Punjab & another
...Respondents
CORAM:HON'BLE MR. JUSTICE RAJIVE BHALLA
Present: Mr. Sandeep Arora, Advocate,
for the petitioners.
Mr. Gazi Mohd. Umair, DAG, Punjab,
for the respondent-State.
Mr. L.S.Savra, Advocate,
for respondent No.2.
RAJIVE BHALLA, J. (ORAL)
This order shall dispose of Crl.Misc.No.M-25899 of 2008 filed
by Inderjit Singh and Crl.Misc.No.M-182 of 2009 filed by Mohinder kaur
and others, under Section 482 Cr.P.C., for quashing of FIR No.173 dated
13.8.2002, registered under Section 498-A IPC, at Police Station Hariana,
District Hoshiarpur and all subsequent proceedings arising therefrom on
the basis of a compromise (Annexure P-1).
Counsel for the petitioners and respondent No.2 pray that, as
parties have entered into a compromise, the FIR be quashed.
Crl. Misc. No.M-25899 of 2008 -2-
Crl. Misc. No.M-182 of 2009
I have heard counsel for the parties, perused the paper book and
compromise (Annexure P-1).
The complainant/respondent no.2 is present in person and
acknowledges the correctness of the compromise Annexure P-1. In
addition, the complainant states that she has no objection, if the FIR is
quashed as the matrimonial dispute has come to an end by grant of a
decree of divorce. The complainant has filed an affidavit acknowledging
the correctness of the compromise and the facts referred to herein above.
The affidavit is taken on record as Ex.`A’. A relevant extract of the
affidavit reads as follows :
“2. That the compromise dated 27.9.2008 has been
arrived at between the parties and on the basis of aforesaid
compromise, the present petition has been filed before this
Hon’ble Court for quashing the FIR No.173 dated 13.8.2002
under Section 498-A IPC, P.S.Hariana, District Hoshiarpur.
3. That as per the compromise, the deponent i.e.
Respondent No.2 has received the amount of Rs.25,000/- in
cash in the Court on 8.1.2009 from the petitioner Inderjit
Singh.
4. That the deponent has no objection, if the FIR in
question and other proceedings consequent thereto are
quashed.”
Counsel for the State of Punjab submits that the State has no
objection, if the FIR is quashed as this would enable the parties to start
their lives afresh, as they have resolved their matrimonial disputes.
Crl. Misc. No.M-25899 of 2008 -3-
Crl. Misc. No.M-182 of 2009
The genesis of the FIR is a matrimonial dispute, which as
noticed herein above, has been resolved by grant of a decree of divorce
and by payment of money to the complainant. In such a situation, to
allow the prosecution to continue, would be a wastage of precious Court’s
time and an impediment in the parties leading their lives afresh leaving
behind this sordid chapter in their lives. In this view of the matter, the
prayer for quashing of the FIR, made by the petitioners and the
complainant herself is accepted.
In view of what has been stated hereinabove, particularly on
account of the compromise and the affidavit filed by the complainant, the
present petition is allowed, and the FIR No.173 dated 13.8.2002,
registered under Section 498-A IPC, at Police Station Hariana, District
Hoshiarpur, and all subsequent proceedings arising therefrom are
quashed.
January 08, 2009 (RAJIVE BHALLA) Vimal/GS JUDGE