[CASE NUMBER] {1} IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH [CASE NUMBER] Date of Decision: 13th January, 2014 [ENTITY] & Ors. Petitioners Versus [ENTITY] Chd. & Anr. Respondents CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI Present: Mr.[ENTITY], Advocate, for the petitioners. Mr.[ENTITY], Advocate, for UT, Chandigarh. Mr.[ENTITY], Advocate, for respondent No.2. [ENTITY], J.
1. Prayer in this petition is for quashing of FIR No.103 dated 26.04.2013, under [SECTION] [ACT], registered at Police Station, Industrial Area, Chandigarh, and all the consequential proceedings arising therefrom, on the basis of compromise (Annexure P-2).
2. Vide order dated 25.11.2013, this Court had directed the affected parties to appear on 16.12.2013 before the learned Chief Judicial Magistrate, Chandigarh, for getting their respective statements recorded with regard to the compromise. The said Court was also directed to send a detailed report in that regard along with copies of the statements to this Court, on or before the adjourned date.
[CASE NUMBER] {2} In compliance of the above, the petitioners, namely, [ENTITY] (husband), [ENTITY] (father-in-law) and [ENTITY] (mother-in-law) of respondent No.2-[ENTITY] as well as respondent No.2/complainant, [ENTITY], did appear before the learned court below and got recorded their respective statements with regard to the compromise. The copies of the statements as well as the report in that regard have also been received from the learned Chief Judicial Magistrate, Chandigarh.
Learned counsel for the petitioners submits that the present controversy has arisen out of a matrimonial dispute. Due to intervention of the respectable and the elderly people of the society, the better sense had prevailed and the complainant-[ENTITY] has sorted out her grievances and effected a compromise with the petitioners. He also submits that all the terms and conditions of the compromise effected between the parties have been materialized. To give effect to the compromise, a petition under [SECTION] of the [ACT] for grant of a decree of divorce by mutual consent has also been presented before the learned District Judge, Chandigarh, by [ENTITY] and Smt.[ENTITY], which was accepted and a decree of divorce was granted to them. He also contends that the chances of ultimate conviction of the petitioners are bleak and, therefore, pendency of the FIR and continuation of the trial would be a sheer abuse of the process of law. He has also placed reliance on the law laid down by Hon'ble the Supreme Court in the cases of [ENTITY] and others vs. State of Haryana and another, 2003(2) RCR(Criminal) 888 and [PRECEDENT] vs. State of Punjab & Anr., 2012 [CASE NUMBER] {3} (4) [CASE NUMBER].
Learned counsel for the State, on instructions from SI [ENTITY], Women Cell, Chandigarh, admits the factum of compromise effected between the parties. After going through the statements and the report, sent by the learned Chief Judicial Magistrate, Chandigarh, he submits that he has no objection if the impugned FIR and all the consequential proceedings arising therefrom, are quashed.
Learned counsel for respondent No.2 has also toed the lines of the learned counsel for the State and fairly concedes that in view of the compromise effected between the private parties, he has no objection if the impugned FIR and the consequential proceedings are quashed. He further concedes that all the terms and conditions of the compromise have been materialized.
I have heard the learned counsel for the parties and with their able assistance gone through the material available on record.
The present criminal litigation has arisen out of a matrimonial dispute. The better sense has prevailed and the petitioners have sorted out their disputes with respondent No.2. Petitioner No.1 (husband) and respondent No.2 (wife) have proposed to part their company. In compliance of the order dated 25.11.2013 passed by this Court, the petitioners as well as respondent No.2 appeared before the learned Chief Judicial Magistrate, Chandigarh, and got recorded their respective statements in that regard. [ENTITY] (respondent No.2) suffered the following statement before the court [CASE NUMBER] {4} below:-
"I have compromised the matter with the accused with my free will and without any pressure from any corner. I have no objection if FIR No.103 dated 26.04.2013 u/[SECTION], [SECTION], of [ACT], registered at Police Station, Industrial Area, Chandigarh, against the accused persons/petitioners is quashed. Compromise deed in this regard was already produced before the Hon'ble High Court as annexure P2 and copy of same is mark-A. I have received the entire amount of permanent alimony amounting to Rs.6,35,000/- and divorce has already been granted on 22.11.2013."
Similar joint statement was suffered by the petitioners. The operative part of the report received from the learned Chief Judicial Magistrate, Chandigarh, is as under:-
"Now keeping in view the statement of complainant and accused recorded in the court, it is clear that they both have effected compromise without any pressure or fear. They have effected a valid compromise. The complainant has made her statement without any fear, pressure and at her own free will. Compromise between the parties is valid. Attested copy of statement of parties and order passed by this Court on 16.12.2013 are also enclosed herewith."
Learned counsel for the parties are also ad-idem that the private factions have sorted out their disputes and effected a [CASE NUMBER] {5} compromise. Taking into consideration these facts, this Court is of the opinion that the ultimate chances of conviction of the petitioners are bleak and, therefore, pendency of the FIR and continuation of the trial would be a sheer abuse of the process of law. In [ENTITY]'s case (supra), Hon'ble the Supreme Court allowed the compounding of the offences arising out of a matrimonial dispute on the basis of compromise. Similar was the position in the matter of [PRECEDENT]'s case (supra) where the Constitutional Bench of Hon'ble the Supreme Court allowed the quashing of FIR even in non-compoundable offences on the basis of compromise in the interest of justice.
In view of the factum of compromise and the law laid down by Hon'ble the Supreme Court in the cases of [ENTITY] and [PRECEDENT] (supra), the present petition is allowed and FIR No.103 dated 26.04.2013, under [SECTION] [ACT], registered at Police Station, Industrial Area, Chandigarh, and all the consequential proceedings arising therefrom are hereby quashed.
January 13, 2014 ([ENTITY]) seema Judge