Allowed

Sukhraj Kaur and Ors. v. State of Punjab and Anr.

Punjab & Haryana HC10 Jan 2011CRM-M/33399/2010

Case brief

AI extract

What is this about?

The Court allowed a petition under Section 482 Cr.P.C. to quash an FIR registered in a matrimonial dispute. Relying on precedents, the held that upon genuine compromise, the Court can exercise its inherent powers to quash proceedings in the interest of peace and harmony.

What did the court decide?

FIR No.295 dated 14.10.2005 and subsequent proceedings arising therefrom were quashed in the interest of justice.

Sukhraj Kaur and Ors. Vs State of Punjab… — Matrimonial and Divorce | Punjab & Haryana HC (2011)

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Crl. Misc. No.M-33399 of 2010

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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Crl. Misc. No.M-33399 of 2010 Date of Decision: 10.01.2011

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Sukhraj Kaur and others

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....Petitioners

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Versus

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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:Mr. J.S. Gill, Advocate for the petitioners.

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Mr. Jaspreet Singh, A.A.G., Punjab for the respondent-State.

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Mr. M.S. Virk, Advocate for respondent No.2/complainant.

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

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To be referred to the Reporters or not ?

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Whether the judgment should be reported in the Digest ?

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NIRMALJIT KAUR, J. (ORAL)

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This is a petition under Section 482 Cr.P.C. for quashing of the FIR No.295 dated 14.10.2005 under Sections 380, 452, 148 and 149 IPC registered at Police Station Jandiala, District Amritsar and subsequent proceedings arising therefrom on the basis of compromise entered into between the parties.

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The FIR was registered against the present petitioners by respondent No.2-Gurinder Singh son of Harbans Singh. Due to the intervention of the respectable persons of the parties, the matter has been compromised. As per the compromise, the complainant respondent No.2Gurinder Singh does not wish to pursue the above mentioned FIR against the present petitioners. An affidavit was also executed affirming the factum

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Crl. Misc. No.M-33399 of 2010

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of compromise and the same is placed on record. The present FIR arises out of the matrimonial dispute. The matter having been compromised, 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 the FIR.

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The Full Bench of this Court, in the case of Kulwinder Singh and others vs. 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 vs. State of Punjab 2008(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 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,

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Crl. Misc. No.M-33399 of 2010

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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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In the present case, the dispute arises out of the matrimonial dispute. The same has been compromised. In view of the settled position of law, it would be just and proper to quash the FIR for peace, harmony and thus allow the parties to move on in life.

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Accordingly, the present petition is allowed and FIR No.295 dated 14.10.2005 under Sections 380, 452, 148 and 149 IPC registered at Police Station Jandiala, District Amritsar and subsequent proceedings arising therefrom are hereby quashed in the interest of justice.

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10.01.2011 gurpreet

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(NIRMALJIT KAUR) JUDGE

Sukhraj Kaur and Ors. v. State of Punjab and Anr.

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Sukhraj Kaur and Ors. v. State of Punjab and Anr.

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