Allowed

Pawan Kumar Ghai and Ors. v. State of Punjab & Anr.

Punjab & Haryana HC29 Oct 2018CRM-M/34649/2017

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana allowed a petition under Section 482 CrPC to quash an FIR registered under Sections 498-A and 406 IPC. The court held that since the matrimonial dispute was amicably settled via a genuine compromise, continuing prosecution was futile. The proceedings were quashed.

What did the court decide?

FIR No. 62 dated 01.07.2017 and all subsequent proceedings were quashed.

Pawan Kumar Ghai and Ors. Vs State of… — Matrimonial and Divorce | Punjab & Haryana HC (2018)

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CRM-M-34649-2017

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-34649-2017 Date of decision: 29.10.2018

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Pawan Kumar Ghai 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 JAISHREE THAKUR

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Present: Mr. S.K. Sandhir, Advocate, for the petitioners.

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Ms. Rajni Gupta, Sr. DAG, Punjab.

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Mr. Imran Farooqi, Advocate, for respondent No.2.

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JAISHREE THAKUR, J. (ORAL)

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This petition has been filed by the petitioners under Section 482 of the Code of Criminal Procedure seeking quashing of FIR No. 62 dated 01.07.2017 under Sections 498-A & 406 IPC, registered at Police Station Amloh, District Fatehgarh Sahib (Annexure P-1) and all subsequent proceedings arising therefrom on the basis of the compromise entered into between the parties (Annexure P-3).

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The marriage of No.1 petitioner was solemnized with the complainant/respondent No.2 on 10.07.2011 as per Hindu rites and ceremonies. Out of this wedlock two children were born. However, due to temperamental differences between the husband and wife, matrimonial

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SATYAWAN 2018.10.30 17:30 I attest to the accuracy and authenticity of this document High Court Chandigarh

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CRM-M-34649-2017

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dispute arose and the aforesaid FIR has been registered on the statement of complainant/respondent No.2. However, now with the intervention of respectable persons, the matrimonial dispute has been amicably settled between the parties. A settlement /agreement has been entered into between the parties, a copy thereof is annexed with the petition.

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Keeping in view the fact that the parties have entered into a compromise, they were directed to appear before the Illaqa Magistrate for getting their statements recorded in support of the compromise. In pursuance of the direction, a report has been received from Judicial Magistrate Ist Class, Amloh, stating that the compromise arrived at between the parties is without any pressure or coercion from any one and the same appears to be genuine one.

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Ms. Rajni Gupta, learned Sr. DAG, Punjab, on instructions from the Investigating Officer, and learned counsel for respondent No. 2 admit to the factum of compromise and submit that in case the parties have indeed settled their dispute, they would have no objection to the quashing of the FIR, in view of the law laid down by the Hon'ble Supreme Court.

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I have heard learned counsel for the rival parties and gone through the record.

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In a decision, based on compromise, none of the parties is a loser. Rather, a compromise not only brings peace and harmony between the parties to a dispute, but also restores tranquility in the society. After considering the nature of offences allegedly committed and the fact that both the parties have amicably settled their dispute, continuance of criminal prosecution would be an exercise in futility, as the chances of ultimate

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SATYAWAN 2018.10.30 17:30 I attest to the accuracy and authenticity of this document High Court Chandigarh

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CRM-M-34649-2017

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conviction are bleak.

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Consequently, keeping in view the fact that the dispute has been amicably settled and in view of the law laid down by the Hon'ble Supreme Court in Narinder Singh & others vs. State of Punjab & another, (2014) 6 SCC 466 , this petition is allowed, FIR No. 62 dated 01.07.2017 under Sections 498-A & 406 IPC, registered at Police Station Amloh, District Fatehgarh Sahib (Annexure P-1) and all subsequent proceedings arising out of the same are quashed qua the petitioner.

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The petition stands disposed of.

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29.10.2018 (JAISHREE THAKUR) Satyawan JUDGE Whether speaking/reasoned Yes. Whether reportable No.

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SATYAWAN 2018.10.30 17:30 I attest to the accuracy and authenticity of this document High Court Chandigarh

Pawan Kumar Ghai and Ors. v. State of Punjab & Anr.

Case brief

What is this about?

What did the court decide?

Pawan Kumar Ghai and Ors. v. State of Punjab & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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