[CASE NUMBER] 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : October 31, 2014 1. [CASE NUMBER] [ENTITY] vs [ENTITY] 2. [CASE NUMBER] [ENTITY] & Ors vs [ENTITY] & another CORAM : HON'BLE MR. JUSTICE [ENTITY] Present : Mr. [ENTITY], Advocate for the petitioner in CRM No.11107 of 2011. Mr. [ENTITY], Advocate for the petitioners in [CASE NUMBER] Ms. [ENTITY], Addl. A.G Punjab Mr. [ENTITY], Advocate for Mr. [ENTITY], Advocate for respondent No.2 in CRM No.36538 of 2014. 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? [ENTITY], J (Oral)
This order shall dispose of [CASE NUMBER].
Prayer in [CASE NUMBER] is for quashing of FIR No.20, dated 18.02.2011, registered under [SECTION], [SECTION], [SECTION], [SECTION] of the [ACT], at Police Station Zira, District Ferozepur, while in [CASE NUMBER], prayer is for grant of anticipatory bail.
[CASE NUMBER] 2
On 13.3.2013, the following order was passed in [CASE NUMBER] :-
" The petitioner's son is present in Court along with he father of the complainant. With the intervention of the learned counsel this dispute has been settled. It has been decided that the son of the petitioner will make four fixed deposits of ` 2.5 lakhs each on 01.04.2013, 01.10.2013, 01.04.2014 and 01.10.2014 in favour of the minor child named [ENTITY] through her mother which can be encashed only after attaining the age of majority by the child. On 01.04.2014, after delivery of the third fixed deposit receipts in the premises of the District Court, Ferozepur by the petitioner's son the parties shall file a petition for divorce by mutual consent and the last fixed deposit of ` 2.5 lakhs will be delivered after the grant of final order of divorce on or before 01.10.2014. These payments would be in full and final settlement of the claims of the comp lainant towards istridhan/maintenance/wedding expenses etc. It has further been agreed that the petitioner, her husband and her son would be at liberty to meet the child once in a month and that in this month they will meet the child on 24.03.2013 at Guru Singh Sabha Gurudwara, Zira, Distt. Ferozepur for two hours. The parties are at liberty to arrange the visit and the time thereof in mutual consultation with each other.
Learned counsel for the complainant has stated that in view of this settlement they will move an application in all the cases and seeks adjournment of those cases sine die. It has further made clear that in the event of any default by the son of the petitioner the complainant would be at liberty to get this order recalled.
Adjourned to 01.04.2013.
Parties to the marriage are directed to be present in Court on the next date of hearing."
Today, the complainant is also present in person along with her counsel and accepts the fact that in terms of the order dated 13.3.2013, payments have been made and divorce has been granted by mutual consent and that she has no objection if the present FIR along with subsequent proceedings is quashed.
Counsel for the [ENTITY] also states that she has no objection if the FIR is quashed.
[CASE NUMBER] 3
In Gian Singh v. [ENTITY] and another, reported as 2012(4) RCR(Criminal) 543, the Hon'ble Supreme Court has discussed in detail the inherent powers of the High Court in quashing criminal proceedings or FIR or complaint where the parties have entered into compromise except the cases which involve offences such as murder, rape dacoity etc. as such offences are not private in nature and have serious impact on the society.
In view of the above judicial pronouncement I am of the considered opinion that continuation of criminal proceedings between the parties would be an abuse of the process of law and the present compromise is for their benefit and will bring peace and harmony between them.
Consequently, [CASE NUMBER] is allowed and FIR No.20, dated 18.02.2011, registered under [SECTION], [SECTION], [SECTION], [SECTION] of the [ACT], at Police Station Zira, District Ferozepur, and all subsequent proceedings, emanating therefrom, are quashed.
Resultantly, [CASE NUMBER] is dismissed as having been rendered infructuous.
( [ENTITY] ) October 31, 2014 JUDGE `kk'