The Court allowed a petition under section 482 Cr.P.C. to quash an FIR involving matrimonial offences. The Court held that since the parties had compromised and resumed living together happily, the FIR was quashed to protect their marital harmony.
Impugned FIR No. 132 and all consequential proceedings are quashed.
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Criminal Misc. No. M-7678 of 2009 Date of decision : September 17, 2009
Jatinder Singh and others
....Petitioners
versus
State of Punjab and another
....Respondents
Coram: Hon'ble Mr. Justice L.N. Mittal
Present : Mr. Ritesh Pandey, Advocate, for the petitioners
Mr. Gaurav Garg Dhuriwala, AAG Punjab for respondent no. 1
Mr. Deepak Mehmi, Advocate for respondent no. 2
L.N. Mittal, J. (Oral)
Jatinder Singh and three others have filed this petition under section 482 of Code of Criminal Procedure (for short, Cr.P.C.) for quashing of FIR No. 132 dated 22.10.2008, under sections 498-A, 506, 406 IPC, Police Station Qilla Lal Singh, Police Distt. Batala, Distt. Gurdaspur (Annexure P/1) in view of compromise (Annexure P/2) effected with complainant-respondent No. 2.
Affidavit of respondent no. 2 filed today in Court is taken on record. It has been stated in the affidavit that the matter has been compromised and respondent no. 2 is residing happily with petitioner no. 1 and therefore, respondent no. 2 has no objection to the quashing of the FIR.
Learned counsel for respondent no. 2, on instructions from respondent no. 2, who is also present in person, states that the parties have effected compromise and pursuant thereto, petitioner no. 1 and respondent no. 2 are residing together happily as husband and wife for the last almost six months and therefore, respondent no. 2 has no objection to the quashing of the FIR.
Criminal Misc. No. M-7678 of 2009
-2-
In appropriate cases, FIR can be quashed on the basis of compromise by exercising power under section 482 Cr.P.C., even if the offences are not compoundable. It was so held by Full Bench of this Court in the case of Kulwinder Singh vs State of Punjab , 2007 (3) Law Herald (Punjab & Haryana) 2225.
In the instant case, the impugned FIR was result of matrimonial dispute between petitioner no. 1 and respondent no. 2. The said dispute has been amicably settled. Respondent no. 2 is now residing in the matrimonial home happily for the last almost six months pursuant to compromise. It is accordingly a fit case in which FIR should be quashed so that respondent no. 2 may continue to live happily in the matrimonial home.
In view of the aforesaid, the instant petition is allowed and the impugned FIR No. 132 dated 22.10.2008, under sections 498-A, 506, 406 IPC, Police Station Qilla Lal Singh, Police Distt. Batala, Distt. Gurdaspur (Annexure P/1), is quashed along with all consequential proceedings arising therefrom.
September 17, 2009 ' dalbir'
2 issues framed by the court
Whether FIR arising from matrimonial dispute can be quashed under section 482 Cr.P.C. upon compromise.
Whether the FIR should be quashed to enable the parties to live happily after settling the dispute.
Colour shows how this judgement treated each authority
Kulwinder Singh vs State of Punjab, 2007 (3) Law Herald (Punjab & Haryana) 2225Applied¶18
2 provisions across 2 enactments
Jatinder Singh and others
State of Punjab
L N Mittal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
