In CRM-M-21115-2022-PUNJ HC- P&H HC quashes FIR arising out of matrimonial dispute after contesting parties amicably resolve their issues
Justice Jagmohan Bansal [17-02-2023] 

Read Order: AVTAR SINGH AND OTHERS vs STATE OF PUNJAB AND OTHERS

LE Correspondent

Chandigarh, March 18, 2023: The Punjab and Haryana High Court has allowed a petition under Section 482 CrPC whereby the parties were seeking quashing of FIR registered under Sections 498A, 406 and 120B of IPC  on the basis of compromise. 

A Single-Judge Bench of Justice Jagmohan Bansal opined that the continuance of the proceedings  in the instant matter would just waste valuable judicial time and it is a well-known fact that courts are already overburdened. 

The Counsel for the petitioners contended  that marriage between the contesting parties vide judgment and decree dated November 11, 2022 passed by Principal Judge, Family Court, stood  dissolved.

As per terms and conditions of compromise arrived at between the parties, the fourth respondent was supposed to withdraw her all cases, including the impugned FIR. In the compromise, she had specifically stated that she will make a statement before the concerned Court relating to quashing of FIR. 

From the perusal of decree of divorce and statements recorded, it was quite evident that complainant had agreed to withdraw all cases against the petitioners including impugned FIR. 

From the perusal of decree of divorce and statements recorded, it is quite evident that complainant had agreed to withdraw all cases against the petitioners including impugned FIR. She had stated that she will make a statement before the concerned Court for quashing the FIR, the Court stated. 

The Bench referred to the judgments in 'Gian Singh Vs. State of Punjab and others and The State of Madhya Pradesh Vs. Laxmi Narayan and others. Further, the Bench noted that the Supreme Court in Ramgopal and another Vs. State of Madhya Pradesh, had held that the limited jurisdiction to compound an offence within the framework of Section 320 Cr.P.C. is not an embargo against invoking inherent powers by the High Court vested in it under Section 482 Cr.P.C.

In furtherance of the same, the Court noted that from perusal of the enclosed FIR, Decree of Divorce and statements of parties, it transpired that contesting parties had amicably resolved their issue; thus, no useful purpose would be served by continuing the proceedings. 

The alleged offences were of predominantly private nature and no moral turpitude or interest of public at large was involved, the Court noted. 

There appears to be no chance of conviction, the continuance of the proceedings would just waste valuable judicial time and it is a well-known fact that courts are already overburdened, the Court further remarked.

In view of such facts and circumstances, the present petition was accordingly allowed.