Allowed

Kanwaldeep Singh v. State of Punjab & Anr.

Punjab & Haryana HC13 Oct 2010CRM-M/23931/2010

Case brief

AI extract

What is this about?

The Court allowed a petition under Section 482 Cr.P.C. to quash an FIR involving matrimonial discord (Sections 498-A, 406, 312 IPC). Relying on cited precedents, the Court held that a valid compromise entered between parties in a dispute of purely personal nature justifies quashing proceedings even in non-compoundable offences to secure the ends of justice.

What did the court decide?

FIR No.188 dated 3.9.2009 under Sections 498-A/406/312 IPC and all subsequent proceedings are hereby quashed.

Kanwaldeep Singh Vs State of Punjab & Anr. — Matrimonial and Divorce | Punjab & Haryana HC (2010)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM M-23931 of 2010 Date of Decision:13.10.2010

Kanwaldeep Singh

.... Petitioner

Versus

State of Punjab and another

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.... Respondents

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CORAM: Hon'ble Ms. Justice Nirmaljit Kaur

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Present: Mrs. G.K. Mann, Advocate for the petitioner. Mr. K.S. Pannu, D.A.G. Punjab. Mr. Hemant Saini, Advocate for respondent No.2.

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1.Whether Reporters of Local Newspapers may be allowed to see the judgment?

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2.To be referred to the Reporters or not?

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3.Whether the judgment should be reported in the Digest?

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NIRMALJIT KAUR, J.(Oral)

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The present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.188 dated 3.9.2009 under Sections 498-A/406/312 IPC Police Station B Division Amritsar City and subsequent proceedings arising therefrom on the basis of compromise entered into between the parties.

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The FIR in question is a result of matrimonial dispute. However, the matter has been compromised. Compromise deed (Annexure P-2) has been placed on record.

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Today i.e. 13.10.2010, the parties are present in person through their respective counsel. Learned counsel appearing on behalf of respondent No.2 has placed on record the affidavit of respondent No.2 authenticating the compromise. Separate statement of respondent No.2 is also recorded in the Court today stating that she has no objection if the FIR

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CRM M-23931 of 2010

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-2-

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in question is quashed. It is further stated that the said compromise was entered into with the intervention of the respectable of the area. She further states that she has received the entire amount i.e. Rs. 4,00,000/- as agreed upon between the parties. She also undertakes to make the statement before the Court for the grant of decree of divorce by mutual consent in the petition under Section 13-B of the Hindu marriage Act, 1955, for decree of divorce by way of mutual consent.

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The Full Bench of this Court, in the case of Kulwinder Singh and others v. State of Punjab and another 2007(3) RCR (Criminal) 1052 has held that the compromise, in a modern society, is the sine qua non of harmony and orderly behaviour. It is the soul of justice and if the power under Section 482 of the Cr.P.C. is used to enhance such a compromise which, in turn, enhances the social amity and reduces friction, then it truly is “finest hour of justice”. Disputes which have their genesis not only in matrimonial discord but others as well, such compromise deserves to be accepted. It is further held as under:-

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“ The only inevitable conclusion from the above discussion is that there is no statutory bar under the Cr.P.C. which can affect the inherent power of this Court under Section 482. Further, the same cannot be limited to matrimonial cases alone and the Court has the wide power to quash the proceedings even in noncompoundable offences notwithstanding the bar under Section 320 of the Cr.P.C in order to prevent the abuse of law and to secure the ends of justice.”

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In the case of Madan Mohan Abbot v. State of Punjab 2008

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(4) S.C. Cases 582, the Apex Court emphasised and advised as under:-

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“ We need to emphasise that it is perhaps

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CRM M-23931 of 2010 -3-

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advisable that in disputes where the question involved is of a purely personal nature, the court should ordinarily accept the terms of the compromise even in criminal proceedings as keeping the matter alive with no possibility of a result in favour of the prosecution is a luxury which the courts, grossly overburdened as they are, cannot afford and that the time so saved can be utilised in deciding more effective and meaningful litigation. This is a common sense approach to the matter based on ground of realities and bereft of the technicalities of the law.”

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The petitioner has handed over a draft bearing No.264654 dated 11.10.2010 amounting to Rs.2,00,001/-, which has been duly received by the complainant in the Court. Having received the settled amount, the complainant has no objection if the FIR is quashed.

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Taking into account that the compromise has been effected between the parties, compromise (Annexure P-2), the affidavit of respondent No.2 and the statement made before this Court, it is a fit case where there is no impediment in the way of the Court to exercise its inherent powers under Section 482 Cr.P.C. for quashing of FIR in the interest of justice.

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Accordingly, the present petition is allowed and FIR No.188 dated 3.9.2009 under Sections 498-A/406/312 IPC Police Station B Division Amritsar City and all subsequent proceedings arising therefrom are hereby quashed.

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13.10.2010 rajeev

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( NIRMALJIT KAUR ) JUDGE

Kanwaldeep Singh v. State of Punjab & Anr.

Case brief

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Kanwaldeep Singh v. State of Punjab & Anr.

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