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ASHOK KUMAR & ORS versus STATE OF PUNJAB & ANOTHER

High Court of Punjab and Haryana, Chandigarh

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Ashok Kumar & Ors v. State of Punjab & another - CRM-26362-M-2006 [2006] RD-P&H 10400 (13 November 2006)

Crl.Misc.No.26362 M of 2006 ::1::

Ashok Kumar & others vs State of Punjab & another Present : Mr.S.P.S.Sidhu, Advocate,

for the petitioners.

Mr.B.S.Baath, AAG, Punjab

for respondent No.1.

Complainant-respondent No.2 with his counsel Mr.B.S.Bhalla, Advocate,

****

Prayer in the present petition, filed under Section 482 of the Cr.P.C is for quashing of FIR No.189, dated 28.10.2004, registered under Sections 452/323/148/149 of the IPC, at Police Station City Ferozepur.

Counsel for the petitioners contends that petitioner No.4 is the divorced wife of the complainant/respondent No.2, and the other petitioners are her relatives. It is contended that a matrimonial dispute between the wife/petitioner No.4 and the husband/respondent No.2 led to the lodging of the present FIR by the husband and a criminal complaint by the wife.

During the pendency of the proceedings arising from the FIR and the complaint, parties resolved their differences. They agreed that all litigation would be brought to an end. In view of the compromise, petitioner No.4 and respondent No.2 filed a petition for dissolution of their marriage, under Section 13-B(1) of the Hindu Marriage Act.

Vide judgment and decree, dated 2.5.2006, the learned Additional District Judge, Ferozepur dissolved the marriage. It is further contended that despite the aforementioned settlement, the complainant/husband continues to pursue the trial in the present FIR.

Crl.Misc.No.26362 M of 2006 ::2::

Rakesh Kumar, the husband/respondent No.2 has filed a written statement/affidavit, stating therein that he has no objection to the quashing of the FIR. Rakesh Kumar is present in Court and states that he has resolved his differences with petitioner No.4, and as they have been granted a decree of divorce by mutual consent, he has no objection if the present FIR and all subsequent proceedings emanating therefrom are quashed.

Counsel for petitioners, as also counsel for the complainant pray that in view of the facts, noticed herein above, the present FIR, and all subsequent proceedings emanating therefrom be quashed.

Counsel for the State of Punjab contends that in view of the compromise arrived at between the parties, the State would not press its right and/or stand in the way of quashing of the present FIR.

I have heard learned counsel for the parties and perused the paper book.

Petitioner No.4 and respondent No.2 have resolved their matrimonial differences and have agreed to part-ways. As a result thereof, petitioner No.4 has withdrawn her complaint and parties have been granted a decree of divorce by mutual consent. The present FIR, as noticed herein above, was also agreed to be withdrawn/not pursued. Respondent No.2, the complainant in the FIR, has no objection if the FIR and all subsequent proceedings emanating therefrom are quashed. As parties have resolved their disputes, to permit prosecution to carry on would, in my opinion, be an exercise in futility and a wastage of public time and money. It is a fit case where this Court must exercise jurisdiction, under Section 482 of the Cr.P.C to put an end to these futile criminal proceedings. The complainant is not likely to support the prosecution. The settlement is bonafide and Crl.Misc.No.26362 M of 2006 ::3::

would enable parties to pursue their separate lives afresh.

In view of the peculiar facts and circumstances of the present case, the present petition is allowed and FIR No.189, dated 28.10.2004, registered under Sections 452/323/148/149 of the IPC, at Police Station City Ferozepur and subsequent proceedings emanating therefrom are quashed.

( RAJIVE BHALLA )

November 08, 2006. JUDGE

`kk'


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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