IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JAGMOHAN BANSAL, J.
Navroz Singh & Anr. – Petitioners
Versus
State of Punjab & Ors. – Respondents
CRM-M NO. 627 of 2023
Decided On : 20-01-2023
| Table of Content |
|---|
| 1. factual basis for the petition and compromise. (Para 1) |
| 2. court's analysis of the compromise and lack of objection. (Para 2 , 3) |
| 3. judicial precedence on quashing non-compoundable offences. (Para 4) |
| 4. conclusion on the ineffectiveness of continuing the proceedings. (Para 5) |
| 5. quashing of fir based on the resolution between parties. (Para 6 , 7) |
JUDGMENT
Jagmohan Bansal, J. (Oral)
This petition is filed under Section 4 82 Cr.P.C. for quashing of FIR No.0194, dated 10.07.2021, under Sections 4 98A, 406, 354, 354A, 506 and 34 of IPC 1860 and under Sections 3 , 4 and 4A of Dowry Prohibition Act, 1961, registered at Police Station Sultanpur Lodhi District Kapurthala, (Annexure P-1), and all other consequential proceedings arising therefrom, on the basis of compromise/ affidavit dated 22.12.2022 (Annexure P-2).
2. In terms of order dated 09.01.2023 of this Court, learned Judicial Magistrate 1st Class, Sultanpur Lodhi has submitted his report dated 16.01.2023. The relevant extracts of the report are as below :-
"(I)The compromise between the parties appears to be genuine. Respondent Navneet Kaur got married with petitioner no.1 Navroz Singn on 16.03.2021. There is no issue from the marriage. After dispute in the married life, the present FIR was registered. But now a written compromise is entered between the parties and both want to end the matrimonial dispute. As per compromise, both the parties will withdraw their litigation in different courts. Also a petition under section 13-B Hindu Marriage Act is filed to seek mutual divorce. The copy of written compromise is placed on record. Father of Navneet Kaur is also present and he also confirms that compromise is executed by his daughter voluntarily. Therefore the compromise is appears to be genuine and voluntarily entered.
(II) As per report under section 173 Cr.P.C., there are two accused namely Navroz Singh son of Palwinder Singh and Palwinder Singh Son of Gian Singh.
(III) There is one victim/complainant and she has entered into compromise. There are two accused and both have entered into compromise. Victim as well both accused are parties to the quashment petition.
(IV) Challan/report under section 173 Cr.P.C. was presented on 10.02.2022 and at present case/trial is fixed for consideration on charge.
(V) Yes, all the accused are on bail and appearing before the trial court.
(VI) There are other criminal cases against both the accused. As per Statement of accused Palvinder Singh he has three more FIRs registered against him. Their detail and status is as follows:-
a) FIR bearing no.25 dated 01.02.2020 P.S. Sultanpur Lodhi, under section 379,427,34,452,307 and 201 IPC and same is pending trial. As per statement of Palwinder Singh in said FIR also compromise is effected and quashment is pending before Hon'ble High Court vide CRM-M-56968 of 2022.
b) FIR bearing no.46 dated 15.03.2019, w/s 323,324,341, 148, 149 IPC PS Sultanpur Lodhi and same is pending trial. As per statement of Palwinder Singh in said FIR also compromise is effected and quashment is pending before Hon'ble Court vide CRM-M-59136 of 2022.
c) FIR bearing no.86 dated 20.06.2007, under section 302, 34 IPC, P.S. Sultanpur Lodhi. In said FIR accused is convicted and appeal is pending before Hon'ble Punjab and Harayna High Court vide CRA-S-1755- SB-2008.
(VII) One other FIR no.25 dated 01.02.2020, under section 379,427,34,452,307 and 201 IPC, P.S. Sultanpur Lodhi, Kapurthala is registered and pending trial. As per statement of Navroz Singh compromise is effected in said FIR and quashment is pending before Hon'ble High Court vide CRM-M-56968 of 2022.
Compromise between parties appears to be genuine as parties wants to amicably end their matrimonial dispute. They have file for mutual divorce under section 13-B of Hindu Marriage Act."
3. Learned State counsel on instruction from Investigating Officer and learned counsel for respondent No.2 submitted that they have no objection if FIR and consequent proceedings in view of
AI
The Court emphasized the power of the High Court under Section 482 of Cr.P.C. to quash non-compoundable offences on the basis of compromise between the disputing parties, even if the offences are non....
The Court can invoke inherent powers under Section 482 CrPC to quash proceedings based on a genuine and voluntary compromise, considering the nature of the offence, societal impact, and the ends of j....
The High Court has the power to quash non-compoundable offences on the basis of compromise between the disputing parties, especially in cases where the offences are predominantly of a private nature ....
The central legal point established in the judgment is that in matrimonial disputes, where the parties have resolved their entire dispute through compromise, the court can quash the criminal proceedi....
The court can quash criminal proceedings in matrimonial disputes when the parties have resolved their entire dispute through compromise, considering the nature and gravity of the crime and its impact....
The duty of the courts to encourage genuine settlements of matrimonial disputes and the wide and unfettered powers of the High Court under Section 482 of the Code to quash criminal proceedings in cas....
Point of Law : While deciding whether to exercise its power under Section 482 of Code or not, timings of settlement play a crucial role. Those cases where settlement is arrived at immediately after a....
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