IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1. Criminal Misc. No.M-26027 of 2010 (O&M) Shubhwant Kaur @ Shubh and others … Petitioners Versus U.T. Chandigarh and others … Respondents 2. Criminal Misc. No.M-13638 of 2011 (O&M) Vikramjit Singh Chugh and others … Petitioners Versus U.T. Chandigarh and others … Respondents Date of decision: 5th May, 2011 CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Harsh Bunger, Advocate for the petitioners in CRM No.M-26027 of 2010. Mr. A.S. Narang, Advocate for the petitioners in CRM No.M-13638 of 2011. Mr. P.K. Khindria, Advocate Standing Counsel for U.T. Chandigarh. KANWALJIT SINGH AHLUWALIA, J. (ORAL) By this common judgment, two petitions viz. (1) CRM No.M- 26027 of 2010 titled as ‘Shubhwant Kaur @ Shubh and others v. U.T. Chandigarh and others’ and (2) CRM No.M-13638 of 2011 titled as ‘Vikramjit Singh Chugh and others v. U.T. Chandigarh and others’ shall be decided together. Shubhwant Kaur @ Shubh-petitioner No.1 in CRM No.M- 26027 of 2010 was married with Vikramjit Singh Chugh-respondent No.4 on 15th October, 1995. From the wedlock, two sons namely Abhijit Singh and Akhiljit Singh were born on 25th January, 1997 and 19th July, 1999 respectively. A case FIR No.498 dated 15.09.2008 was registered at Criminal Misc. No. M-26027 of 2010 (O&M) and Criminal Misc. No.M-13638 of 2011 (O&M) Police Station Sector 34, Chandigarh under Section 307 IPC at the instance of Rattan Singh father of Shubhwant Kaur @ Shubh. It was stated by the complainant therein that his daughter Shubhwant Kaur @ Shubh was married on 15th October, 1995 at Ludhiana with Vikramjit Singh Chugh. On 16th May, 2008 she was turned out of her matrimonial home. A telephonic message was received by the complainant from his daughter Shubhwant Kaur @ Shubh that she has been hospitalized at Government Medical College and Hospital, Sector 32, Chandigarh and that she has been given burn injuries. It was further stated that on reaching the hospital Shubhwant Kaur @ Shubh had told her father that her husband Vikram in the presence of her sister-in-law Pooja, Ranjit husband of Pooja, mother-in-law and father-in-law; had made an attempt to kill her. Another case FIR No.101 dated 19.03.2010 was registered at Police Station Sector 34, Chandigarh under Sections 406 and 380 IPC at the instance of Prithipal Singh Chugh father of Vikramjit Singh Chugh. It was stated therein that various properties belonging to Prithipal Singh Chugh including gold jewellery have been stolen by his daughter-in-law Shubhwant Kaur @ Shubh. It is now stated before me that the matrimonial dispute has been resolved amicably. The settlement/compromise deed dated 30th April, 2011 has been annexed with CRM No.M-13638 of 2011 at Annexure P-2. It has been agreed between the parties that Rs.35.00 lakh in cash and a plot measuring 200 square yards described as Plot No.54, Adarsh Colony, Abowal, Tehsil and District Patiala are to be transferred in the name of the aggrieved wife. As per the settlement/compromise deed, all the litigations pending between the parties are to be brought to an end. Civil cases and criminal complaints are to be withdrawn and both the 2 Criminal Misc. No. M-26027 of 2010 (O&M) and Criminal Misc. No.M-13638 of 2011 (O&M) parties have undertaken to facilitate quashing of the FIRs registered against each other. Mr. P.K. Khindria, Advocate appearing on behalf of Union Territory, Chandigarh states that he will accept the notice in CRM No.M- 13638 of 2011 also. He states that the State is always eager to settle the matrimonial disputes pending between the parties and in case the FIRs registered at the instance of parties against each other are quashed, he will have no objection thereto. ASI Bachittar Singh, who is present in the Court to assist Mr.Khindria, has identified Shubhwant Kaur @ Shubh- petitioner No.1 to CRM No.M-26027 of 2010 and accused in case FIR No.101 dated 19.03.2010 registered at Police Station Sector 34, Chandigarh under Sections 406 and 380 IPC. He has also identified Vikramjit Singh Chugh-petitioner No.1 in CRM No.M-13638 of 2011 and accused in case FIR No.498 dated 15.09.2008 registered at Police Station Sector 34, Chandigarh under Section 307 IPC. Counsel for the parties have submitted that the families of both, Shubhwant Kaur @ Shubh and Vikramjit Singh Chugh, shall remain bound by the settlement/compromise deed (Annexure P-2 in CRM No.M- 13638 of 2011). Settlement/compromise deed (Annexure P-2) mentioned above be read as a part of this order. A joint prayer has been made by Mr.Harsh Bunger, Advocate representing the family of wife (Shubhwant Kaur @ Shubh) and Mr.A.S. Narang, Advocate representing the family of husband (Vikramjit Singh Chugh) that this Court should quash the FIRs lodged by the parties against each other so that they can part gracefully and promote everlasting peace and amity for the welfare of their children. It is submitted that both, Vikramjit Singh Chugh and Shubhwant Kaur @ Shubh, having failed as husband and wife, intend to be good parents to 3 Criminal Misc. No. M-26027 of 2010 (O&M) and Criminal Misc. No.M-13638 of 2011 (O&M) their children. The joint request made for quashing of the impugned FIRs is not opposed by Mr. Khindria. Rather, he has stated that quashing of the FIRs will be in the interest of all concerned. The Hon’ble Supreme Court in ‘B.S.Joshi v. State of Haryana’ 2003 (2) RCR (Criminal) 888 held that this Court can exercise inherent powers and quash the criminal proceedings/FIR/complaint in a matrimonial dispute. A similar view has been taken by a Full Bench of this Court in ‘Kulwinder Singh and others v. State of Punjab and another’, 2007 (3) RCR (Criminal) 1052. Accordingly, both the present petitions are accepted. FIR No.498 dated 15.09.2008 registered at Police Station Sector 34, Chandigarh under Section 307 IPC and FIR No.101 dated 19.03.2010 registered at Police Station Sector 34, Chandigarh under Sections 406/380 IPC are hereby quashed. [KANWALJIT SINGH AHLUWALIA] JUDGE May 5, 2011 rps 4