The High Court allowed a petition to quash an FIR registered for matrimonial offences (Sections 498-A, 323, 34 IPC) after a compromise was effected between the husband and wife, citing Section 482 Cr.P.C. and a Full Bench decision.
The impugned FIR (Annexure P-1) along with all consequential proceedings arising therefrom is quashed.
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CRM-M No.10888 of 2013
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M No.10888 of 2013 (O&M)
Date of decision : 30.5.2013
Sukhdev Singh and others
...... Petitioners
v.
The State of Punjab and another
...... Respondents
CORAM : HON'BLE MR.JUSTICE L.N.MITTAL
Present : Mr. J.P. Singh Sandhu, Advocate for the petitioners. Mr. Roopam Aggarwal, DAG Punjab for respondent No.1.
Mr. Dinesh Kumar, Advocate for respondent No.2.
L.N.MITTAL, J.
Accused Sukhdev Singh and three others have filed this petition under Section 482 of the Code of Criminal Procedure (in short `Cr.P.C.') for quashing of FIR No.6 dated 17.1.2013 under Sections 498-A/323/34 IPC registered at Police Station Talwandi Chaudharian, District Kapurthala (Annexure P-1), in view of compromise effected with respondent No.2, who has furnished affidavits (Annexures P-2 and P-3) regarding the compromise.
I have heard learned counsel for the parties and perused the case file.
Learned counsel for respondent No.2, on instructions
CRM-M No.10888 of 2013
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from respondent No.2 said to be present in person in Court, stated that the parties have effected compromise for which respondent No.2 has furnished affidavits (Annexures P-2 and P-3) and therefore, respondent No.2 has no objection if the impugned FIR is quashed. It was also stated that all dowry articles etc. have been returned to the complainant.
In appropriate cases, FIR can be quashed on the basis of compromise by exercising inherent power under Section 482 Cr.P.C. even if the offences are not compoundable. It was so held by the Full Bench of this Court in the case of Kulwinder Singh Vs. State of
Punjab 2007(3) Law Herald 2225.
In the instant case, impugned FIR is the result of matrimonial dispute between petitioner No.1-husband and respondent No.2-wife. The said dispute has been amicably settled. Accordingly, it is a fit case in which the FIR should be quashed so that the parties may start their life afresh.
Resultantly, the instant petition is allowed and the impugned FIR (Annexure P-1) along with all consequential proceedings arising therefrom, is quashed.
30.5.2013 Meenu
( L.N.Mittal ) Judge
2 issues framed by the court
Whether the impugned FIR should be quashed on the basis of a compromise between the parties.
Whether the inherent power under Section 482 Cr.P.C. can be exercised to quash an FIR arising from a matrimonial dispute even if offences are not compoundable.
Colour shows how this judgement treated each authority
Kulwinder Singh Vs. State of PunjabRelied on¶23
Kulwinder Singh Vs. State of Punjab 2007(3) Law Herald 2225
2 provisions across 2 enactments
Sukhdev Singh and others
The State of Punjab
the other respondent
L.N.Mittal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
