Quashed

Babalpreet Singh and Ors. v. State of Punjab and Anr.

Punjab & Haryana HC20 Dec 2013CRM-M/36758/2013

Case brief

AI extract

What is this about?

Petitioners sought quashing of an FIR under Section 482 Cr.P.C. regarding a matrimonial dispute. Upon verification of a genuine compromise and reconciliation between the husband and wife, the Court held that continued pendency would be an abuse of process.

What did the court decide?

FIR No. 82 dated 21.7.2013 under Sections 323 and 498-A IPC read with Section 34 IPC and consequential proceedings quashed.

Babalpreet Singh and Ors. Vs State of… — Matrimonial and Divorce | Punjab & Haryana HC (2013)

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CRM-M-36758-2013

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-36758-2013 (O&M) Date of Decision: December 20, 2013

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Babalpreet Singh 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 MR. JUSTICE NARESH KUMAR SANGHI

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Present: Mr. Rajesh Bhatheja, Advocate, for the petitioners.

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Mr. K.S. Pannu, DAG, Punjab, for respondent No. 1.

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NARESH KUMAR SANGHI, J.

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The present petition under Section 482, Cr.P.C., has been filed by the petitioners, namely, Babalpreet Singh, Gurwinder Singh and Shinderpal Kaur, for quashing of FIR No. 82, dated 21.7.2013, under Sections 323 and 498-A read with Section 34, IPC, registered at Police Station, Kot-Ise-Khan, District Moga, and all the consequential proceedings arising therefrom, on the basis of the compromise.

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Vide order dated 30.10.2013, this Court had directed the affected parties to appear on 11.11.2013 before the learned Chief Judicial Magistrate, Moga, for getting their respective statements recorded with regard to the compromise. The said Court was also directed to submit a detailed report in that regard along with copies of the statements on or before the date fixed by this Court.

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Kapoor Prashant 2013.12.21 15:29 I attest to the accuracy of this order

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CRM-M-36758-2013

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In compliance of the above, all the three petitioners as well as the complainant-respondent No. 2, did appear before the learned Court below and got recorded their respective statements with regard to the compromise. The copies of the statements and the report were received from the learned Chief Judicial Magistrate, Moga.

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Learned counsel for the petitioners submits that the present criminal litigation has arisen out of a matrimonial dispute and due to the intervention of the respectable and the elderly people of the society, the petitioners as well as the complainantrespondent No. 2 have sorted out their dispute and effected a compromise. He further submits that now the complainantrespondent No. 2 is residing with her husband, i.e. petitioner No. 1, Babalpreet Singh. He further contends that now there remains no bickering amongst them and husband and wife are residing happily. He further submits that the private parties have amicably sorted out their dispute and effected a compromise, therefore, the pendency of the impugned FIR and the consequential proceedings arising therefrom would be a sheer abuse of the process of law since the chances of conviction and sentence of the petitioners are bleak. In support of his contentions, learned counsel for the petitioners has placed reliance on the ratio of the judgments delivered by Hon'ble the Supreme Court in the matters of B.S. Joshi and others v. State of

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Kapoor Prashant 2013.12.21 15:29 I attest to the accuracy of this order

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CRM-M-36758-2013

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Haryana and another, 2003 (2) R.C.R. (Criminal) 888, and Jitendra Raghuvanshi and others v. Balbir Raghuvanshi and another, 2013 (2) R.C.R. (Criminal) 427 .

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Learned counsel for the State very fairly concedes that both the private factions have sorted out their dispute and effected a compromise. He further concedes that the petitioners as well as the complainant-respondent No. 2 did appear before the learned Court below and got recorded their respective statements with regard to the compromise. He has also gone through the copies of the statements of the private parties and the report received from the learned Chief Judicial Magistrate, Moga, and has no objection if the impugned FIR and the consequential proceedings are quashed, on the basis of the compromise.

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I have heard learned counsel for the parties and with their able assistance gone through the material available on record.

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The present criminal litigation has arisen out of a matrimonial dispute. The intervention of the respectable and the elderly people of the society has brought fruitful results for the private parties and they have effected a compromise. As a result thereof petitioner No. 1 and the complainant-respondent No. 2, who are husband and wife, have re-joined their company and residing happily. Now there is no bickering between them. The

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Kapoor Prashant 2013.12.21 15:29 I attest to the accuracy of this order

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CRM-M-36758-2013

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petitioners as well as the complainant-respondent No. 2 were directed to appear before the learned Chief Judicial Magistrate, Moga, for getting their respective statements recorded with regard to the compromise. They did comply with the said order and got recorded their respective statements with regard to the compromise. The complainant-respondent No. 2 suffered the following statement:

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“ I have effected compromise with accused persons at the intervention of respectables. I am residing with my husband and in-laws. I am left with no grudges against the accused and have no objection, if FIR is quashed. No other case is pending between me and accused. I am making this statement out of my free will and volition and without any coercion from any corner.”

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The copies of the statements have been received along with a report of the learned Chief Judicial Magistrate, Moga. The report received from the said Court reveals that the compromise so effected between the parties was out of their own free will, without any coercion from any corner and genuine one. Learned counsel representing the State has also verified the factum of the compromise and has no objection if the impugned FIR and all the consequential proceedings emanating therefrom are quashed.

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In view of the facts discussed herein above, the

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Kapoor Prashant 2013.12.21 15:29 I attest to the accuracy of this order

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CRM-M-36758-2013

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pendency of the impugned FIR and the consequential proceedings arising therefrom would be a sheer abuse of the process of law since the chances of ultimate conviction and sentence of the petitioners are bleak.

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As a sequel to the above discussion and taking into consideration the ratio of the judgments in the matters of B.S. Joshi and Jitendra Raghuvanshi (supra), this petition is accepted and FIR No. 82, dated 21.7.2013, under Sections 323 and 498-A read with Section 34, IPC, registered at Police Station, Kot-IseKhan, District Moga, and the consequential proceedings arising therefrom are hereby quashed.

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December 20, 2013 Pkapoor

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(NARESH KUMAR SANGHI) JUDGE

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Kapoor Prashant 2013.12.21 15:29 I attest to the accuracy of this order

Babalpreet Singh and Ors. v. State of Punjab and Anr.

Case brief

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Babalpreet Singh and Ors. v. State of Punjab and Anr.

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