Allowed

Jaswinder Kaur @ Joginder Kaur and Others v. State of Punjab and Another

Punjab & Haryana HC7 Aug 2024CRM-M/24085/2024

Case brief

AI extract

What is this about?

Petition under Section 482 Cr.P.C. to quash a 498-A IPC FIR on the basis of a compromise between complainant and in-law petitioners, verified by a magistrate's report finding the compromise genuine and voluntary. Relying on Kulwinder Singh and Gian Singh, the Court quashed the FIR and all consequential proceedings qua the petitioners.

What did the court decide?

FIR No. 01 dated 02.01.2020 under Sections 498-A IPC at Police Station Garhdiwala and all consequential proceedings quashed qua the petitioners.

Jaswinder Kaur @ Joginder Kaur and Others Vs… — Dowry and Cruelty | Punjab & Haryana HC (2024)

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CRM-M-24085-2024 -1-

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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260 CRM-M-24085-2024

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Date of Decision: 07.08.2024

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Jaswinder Kaur @ Joginder Kaur and others .… Petitioners

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Versus

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State of Punjab and another .... Respondents

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CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA

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Present: - Mr. Mukul Khatri, Advocate for Mr. Vishal Nehra, Advocate for the petitioners.

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Ms. Rishu Madan, AAG, Punjab.

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Mr. K.S. Mahey, Advocate for respondent No. 2.

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NIDHI GUPTA, J. (ORAL)

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Prayer in this petition filed under Section 482 Cr.P.C. is for quashing of FIR No. 01 dated 02.01.2020 (Annexure P-1) registered under Sections 498-A IPC at Police Station Garhdiwala, District Hoshiarpur, Punjab and all consequential proceedings arising therefrom, on the basis of compromise deed dated 08.12.2023 (Annexure P-2), arrived at between the parties.

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Pursuant to the order dated 15.05.2024 passed by this Court, the parties have appeared before the learned Judicial Magistrate Ist Class, Dasuya, to get their statements recorded. Learned Judicial Magistrate Ist Class, Dasuya, has submitted his report along with statements of the parties vide letter dated 08.07.2024 duly forwarded by the learned District and Sessions Judge, Hoshiarpur.

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A perusal of the above said report would show that the

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RISHU KATARIA 2024.08.09 17:58 I attest to the accuracy and authenticity of this order/judgment.

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CRM-M-24085-2024 -2-

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petitioners and respondent No. 2 have appeared before the learned trial Court and suffered statements with respect to the compromise which have been found to be genuine, voluntary and without any coercion and undue influence.

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Learned counsel for the petitioner submits that the complainant/respondent No.2 herein was married to the son of petitioner No. 1. Complainant/respondent No. 2 is the daughter-in-law of the petitioner No. 1. Petitioner No. 2 is the brother-in-law; whereas petitioner No. 3 is sister-in-law of the complainant/respondent No.2. Two sons were born out of the marriage of the son of petitioner No.1 and complainant/respondent No.2. It is further stated that the husband of the complainant lives abroad and the allegations in the FIR that the complainant was harassed by her in-laws/petitioners on the face of it are false. Now better sense has prevailed between the parties and in order to live peacefully, parties have entered into compromise, according to which, both the parties have agreed not to proceed further with the FIR in question. Further, it is submitted that the present petitioners are the only accused in the present case and they have never been declared as proclaimed offenders.

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Learned State counsel has stated that he has ‘no objection’ in case the FIR is quashed on the basis of compromise qua the petitioners.

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This Court has heard the learned counsel for the parties and has perused the file.

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After perusing the report submitted by the learned Judicial Magistrate Ist Class, Dasuya, this Court finds that the matter has been

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RISHU KATARIA 2024.08.09 17:58 I attest to the accuracy and authenticity of this order/judgment.

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CRM-M-24085-2024 -3-

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amicably settled between the petitioners and respondent No. 2. Since the matter has been settled and the parties have decided to live in peace, this Court feels that in order to secure the ends of justice, the criminal proceedings deserve to be quashed.

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As per the Full Bench judgment of this Court in “Kulwinder Singh and others Vs State of Punjab”, 2007 (3) RCR (Criminal) 1052, it is held that High Court has power under Section 482 Cr.P.C. to allow the compounding of non-compoundable offence and quash the proceedings where the High Court is of the opinion that the same is required to prevent the abuse of the process of law or otherwise to secure the ends of justice. This power of quashing is not confined to matrimonial disputes alone.

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Hon'ble Apex Court in the case of “Gian Singh Vs. State of Punjab and another”, 2012 (4) RCR (Criminal) 543, had also observed that in order to secure the ends of justice or to prevent the abuse of process of Court, inherent power can be used by this Court to quash criminal proceedings in which a compromise has been effected. The relevant portion of para 57 of the said judgment is reproduced here-inbelow:-

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“57. The position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to

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RISHU KATARIA 2024.08.09 17:58 I attest to the accuracy and authenticity of this order/judgment.

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CRM-M-24085-2024 -4-

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be exercised in accord with the guideline engrafted in such power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court.”

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In view of what has been discussed here-in-above, this

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petition is allowed and FIR No. 01 dated 02.01.2020 (Annexure P-1) registered under Sections 498-A IPC at Police Station Garhdiwala, District Hoshiarpur, Punjab and all consequential proceedings arising therefrom, on the basis of compromise deed dated 08.12.2023 (Annexure P-2), arrived at between the parties, are ordered to be quashed qua the petitioners.

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07.08.2024 ( NIDHI GUPTA ) rishu JUDGE

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Whether speaking/reasoned Yes/No Whether Reportable Yes/No

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RISHU KATARIA 2024.08.09 17:58 I attest to the accuracy and authenticity of this order/judgment.

Jaswinder Kaur @ Joginder Kaur and Others v. State of Punjab and Another

Case brief

What is this about?

What did the court decide?

Jaswinder Kaur @ Joginder Kaur and Others v. State of Punjab and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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