Allowed

Mandeep Kaur and Another v. State of Punjab and Another

Punjab & Haryana HC16 Nov 2015CRM-M/1126/2015

Case brief

AI extract

What is this about?

A petition to quash an FIR under Sections 307/498-A IPC was allowed. The High Court exercised its inherent powers under Section 482 Cr.P.C. to quash the proceedings due to a voluntary compromise between the parties, citing precedents that such settlements justify quashing even in non-compoundable matrimonial disputes.

What did the court decide?

FIR No.19 dated 20.3.2013 under Sections 307/498-A IPC and all consequential proceedings are quashed.

Mandeep Kaur and Another Vs State of Punjab and… — Domestic Violence | Punjab & Haryana HC (2015)

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CRM-M 1126/2015

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Date of decision:16.11.2015

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Mandeep Kaur and another

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.............Petitioners

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State of Punjab and another

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.............Respondent

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CORAM: HON'BLE MR.JUSTICE JASWANT SINGH

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Present:Mr.BS Jaswal,Advocate for the petitioners Mr.Mikhil Kad,AAG Punjab Mr.Ramesh Sharma,Advocate for the complainant.

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Jaswant Singh,J.(Oral)

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Prayers is for quashing of FIR No.19 dated 20.3.2013 under Sections 307/498-A IPC, PS Dera Baba Nanak,Distt.Gurdaspur and all consequential proceedings in view of compromise arrived at between the parties.

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Vide order dated 10.9.2014 while issuing notice of motion parties were directed to appear before the trial court to get their statements recorded with regard to genuineness of the compromise.

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In compliance thereof, learned Addl.Sessions Judge, Gurdaspur vide his reprot dated 17.10.2014 (taken on record as Mark-A in connected CRM-M 31245/2014) has reported that the compromise between the parties has been effected voluntarily and with their free will and consent without any element of pressure or coercion.

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RAJINDER PRASHAD JOSHI 2015.11.16 17:55 I attest to the accuracy and authenticity of this document High Court, Chandigarh.

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CRM-M 1126/2015

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The allegations with regard to matrimonial dispute are against sisters-in-law of the complainant.

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Learned State counsel on instructions from ASI Sardul Singh states that challan has been presented and the case is now fixed for framing of charges.

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Hon'ble Supreme Court in (2003)4 SCC 675, B.S.Joshi and others v State of Haryana and another has made it explicitly clear in para 15 of its judgment that the High Court in exercise of its inherent powers can quash criminal proceedings or FIR or complaint and Section 320 of the Code does not limit or effect the powers under Section 482 of the Code.

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A Full Bench of this Court in Kulwinder Singh and others v State of Punjab and another, 2007(3)RCR(Criminal) 1052 has held that this Court, in appropriate cases, while exercising powers under Section 482 Cr.P.C., may quash an FIR disclosing the commission of non-compoundable offences. The relevant extract reads 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 non-compoundable offences

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notwithstanding the bar under Section 320 of the Cr.P.C., in

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RAJINDER PRASHAD JOSHI order to prevent the abuse of law and to secure the ends of2015.11.16 17:55 I attest to the accuracy and authenticity of this document High Court, Chandigarh.

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CRM-M 1126/2015

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justice.”

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Hon'ble Apex Court in another case in J.T.2008(9) SC 192

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Nikhil Merchant v Central Bureau of Investigation and Another

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while relying upon its decision in B.S.Joshi' s case (supra) has also held that in view of the compromise arrived at between the parties, the technicalities should not be allowed to stand in the way in the quashing of criminal proceedings and the continuance of the same after compromise between the parties would be a futile exercise.

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Similar views were expressed by Hon'ble the Apex Court in

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Madan Mohan Abot v State of Punjab, 2008(4) SCC 582 , the relevant extract of which is 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, 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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Keeping in view the above settled legal position and taking into account the fact that both the parties have desired to live in peace and harmony and carry on with their lives without any ill will or

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RAJINDER PRASHAD JOSHI 2015.11.16 17:55 I attest to the accuracy and authenticity of this document High Court, Chandigarh.

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CRM-M 1126/2015

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rancour by resolving their differences and entering into the aforesaid compromise, it is evident that 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 in the interest of justice.

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Accordingly, the present petition is allowed and FIR No.19 dated 20.3.2013 under Sections 307/498-A IPC, PS Dera Baba Nanak,Distt.Gurdaspur and all consequential proceedings arising therefrom, are quashed.

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16.11.2015. joshi

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(Jaswant Singh) Judge

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RAJINDER PRASHAD JOSHI 2015.11.16 17:55 I attest to the accuracy and authenticity of this document High Court, Chandigarh.

Mandeep Kaur and Another v. State of Punjab and Another

Case brief

What is this about?

What did the court decide?

Mandeep Kaur and Another v. State of Punjab and Another

Case brief

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What did the court decide?

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