Allowed

Tarun Bagga v. State of Punjab and Anr.

Punjab & Haryana HC20 Dec 2024CRM-M/34399/2024

Case brief

AI extract

What is this about?

The Full Bench of the Punjab and Haryana High Court allowed a petition under Section 482 CrPC to quash an FIR for cheating and cruelty and subsequent proceedings based on a voluntary compromise between the husband and the complainant at a post-conviction stage.

What did the court decide?

FIR No. 21 and all subsequent proceedings including the impugned judgment/order are quashed.

Tarun Bagga Vs State of Punjab and Anr. — Matrimonial and Divorce | Punjab & Haryana HC (2024)

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CRM-M-34399-2024 (O&M) -1-

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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224 CRM-M-34399-2024 (O&M) Date of Decision: 20.12.2024

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Tarun Bagga .… Petitioner

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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. Fariad Singh Virk, Advocate for the petitioner.

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Ms. Rishu Madan, A.A.G., Punjab.

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Ms. Shivya Sehgal, Advocate for the complainant/respondent No.2.

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NIDHI GUPTA, J. (ORAL)

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The petitioner, who is the husband of the complainant/respondent No.2, has filed instant petition under Section 482 Cr.P.C. for quashing of FIR No. 21 dated 26.02.2016 registered under Sections 406, 498-A IPC at Police Station Women, Ludhiana (Annexure P-1), as well as judgment/order dated 05.08.2023 (Annexure P-2) against which the appeal i.e. CRA/730/2023 is pending before the learned Additional Sessions Judge at Ludhiana and all subsequent proceedings arising therefrom, on the basis of Compromise dated 20.03.2024 (Annexure P-3) effected between the parties.

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Pursuant to the order dated 22.07.2024 passed by this Court, the parties appeared before the learned Judicial Magistrate 1^st Class, Ludhiana, to get their statements recorded. Learned Judicial Magistrate 1^st Class, Ludhiana, has submitted her report along with statements of the

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DIVYANSHI 2024.12.21 13:03 I attest to the accuracy and integrity of this document

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CRM-M-34399-2024 (O&M) -2-

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parties vide letter dated 12.08.2024 duly forwarded by the learned District and Sessions Judge, Ludhiana.

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A perusal of the above said report would show that the petitioner and respondent No. 2 have appeared and suffered statements with respect to the compromise, which have been found to be valid, genuine, voluntary and without any coercion or undue influence. There is no other criminal case pending against the petitioner. The petitioner has never been declared as proclaimed offender. The petitioner and respondent No.2 are the only parties to the compromise.

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The Hon’ble Supreme Court in Ram Gopal and Anr. Vs. State of Madhya Pradesh, 2021(4) RCR (Criminal) 322; and a Division Bench of this Court in Sube Singh Vs. State of Haryana 2013(4) RCR (Criminal) 102 , have held that the power of the Court under Section 482 Cr.P.C. can be invoked to quash a complaint/FIR on the basis of a voluntary compromise even at a post conviction stage.

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Learned State counsel as well as learned counsel for respondent No.2 have stated that they have ‘no objection’ in case the FIR is quashed on the basis of compromise qua the petitioner.

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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 1^st Class, Ludhiana, this Court finds that the matter has been amicably settled between the petitioner 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

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DIVYANSHI 2024.12.21 13:03 I attest to the accuracy and integrity of this document

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CRM-M-34399-2024 (O&M) -3-

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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 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. 21 dated 26.02.2016 registered under Sections 406, 498-A IPC at Police Station Women, Ludhiana (Annexure

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DIVYANSHI 2024.12.21 13:03 I attest to the accuracy and integrity of this document

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CRM-M-34399-2024 (O&M) -4-

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P-1), as well as judgment/order dated 05.08.2023 (Annexure P-2) against which the appeal i.e. CRA/730/2023 is pending before the learned Additional Sessions Judge at Ludhiana and all subsequent proceedings arising therefrom, on the basis of Compromise dated 20.03.2024 (Annexure P-3), are ordered to be quashed qua the petitioner.

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Pending application, if any, stands disposed of.

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20.12.2024 ( NIDHI GUPTA ) Divyanshi JUDGE

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

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DIVYANSHI 2024.12.21 13:03 I attest to the accuracy and integrity of this document

Tarun Bagga v. State of Punjab and Anr.

Case brief

What is this about?

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Tarun Bagga v. State of Punjab and Anr.

Case brief

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