The High Court of Punjab and Haryana quashed an FIR and all subsequent proceedings under Sections 406 and 498-A IPC based on a voluntary compromise between the parties, citing that the settlement restored harmony and secured the ends of justice.
FIR No.03 dated 24.02.2011 and all subsequent proceedings quashed.
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Crl. Misc. No.M-13474 of 2013
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No. M-13474 of 2013 (O&M) Date of Decision: May 30th , 2013
Sunil Kumar .... Petitioner
Versus
State of Punjab and another
... Respondents
CORAM : HON'BLE MR. JUSTICE VIJENDER SINGH MALIK
1.Whether Reporters of local papers may be allowed to see the judgment?
2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest?
Present Mr. Satwant Mehta, Advocate, for the petitioner.
Ms. Anmol Grewal, A.A.G, Punjab, for the State.
None for respondent No.2.
VIJENDER SINGH MALIK, J.
Sunil Kumar, the petitioner has brought this petition under the provisions of section 482 Cr. P.C., for quashing of FIR No.03 dated 24.02.2011 (Annexure P1) registered at Police Station D-Division [Women cell], District Amritsar for an offence punishable under sections 406 and 498-A IPC alongwith all the subsequent proceedings arising out of the same on the basis of compromise [Annexure P2].
While issuing notice of motion, the parties were directed to appear before learned Illaqa Magistrate on 14.05.2013 for getting their statements recorded in support of the compromise. Learned Judicial Magistrate Ist Class, Amritsar has sent her report in this regard. She
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Crl. Misc. No.M-13474 of 2013
has reported that she has recorded the statements of the parties in support of the compromise and has found that their statements are voluntary and without any influence or pressure.
Compromise not only brings peace and harmony between the parties to a dispute but also restores tranquility in the society. In the present case, where the parties have started residing together happily, the compromise (Annexure P2) appears to be just and fair, brought about without there being any pressure on the wife, effect of which is of advancing the cause of justice. In view of the ratio of decision of this court in Dharambir Vs. State of Haryana, 2005 (3) RCR (Criminal) 426 , a case regarding non-compoundable matrimonial offence, as is the present case, can be quashed on the basis of compromise.
Thus, keeping in view the fact that the parties have settled the dispute and that the settlement between them is just and fair, brought about without any pressure upon any one and that the same would be securing the ends of justice, I accept the petition and quash FIR No.03 dated 24.02.2011 (Annexure P1) registered at Police Station D-Division [Women cell], District Amritsar for an offence punishable under sections 406 and 498-A IPC alongwith all subsequent proceedings arising therefrom.
(VIJENDER SINGH MALIK) JUDGE
May 30th , 2013 som
2 issues framed by the court
Whether FIRs under Sections 406 and 498-A IPC may be quashed based on a voluntary compromise between the aggrieved party and the husband and in-laws.
Whether the subsequent proceedings arising out of such an FIR can also be quashed upon settlement.
Colour shows how this judgement treated each authority
Dharambir Vs. State of HaryanaApplied¶21
Dharambir Vs. State of Haryana, 2005 (3) RCR (Criminal) 426
3 provisions across 2 enactments
Sunil Kumar
State of Punjab
Another
VIJENDER SINGH MALIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
