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MANDEEP SINGH versus UNION TERRITORY, CHANDIGARH & ANOTHER

High Court of Punjab and Haryana, Chandigarh

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Mandeep Singh v. Union Territory, Chandigarh & another - CRM-53869-M-2006 [2006] RD-P&H 9330 (27 October 2006)

Crl.Misc.No.53869.M of 2006 ::1::

Mandeep Singh vs Union Territory, Chandigarh & another Present : Mr. Chanchal.K.Singla, Advocate, for Mr.N.K.Nanda, Advocate,

for the petitioner.

Mr. Rajiv Sharma, Advocate,

for respondent No.1.

Mr.N.S.Kandhole, Advocate,

for respondent No.2.

******

Prayer in the present petition, filed under Section 482 of the Cr.P.C, is for quashing of FIR No.147, dated 27.5.2003, registered under Sections 406/498A of the IPC, at Police Station Manimajra, U.T.Chandigarh, on the basis of a compromise, arrived at between the parties.

The petitioner and respondent No.2 were married on 29.6.2002.

Some time after the marriage, their matrimonial relations became strained and they started living separately. Respondent No.2 lodged the aforementioned FIR. The petitioner and respondent No.2 have now settled their disputes. The petitioner has filed a petition for divorce, under Section 13 of the Hindu Marriage Act, which is pending disposal before the learned District Judge, Chandigarh. Both parties have agreed to file a petition, under Section 13-B of the Hindu Marriage Act, for dissolution of their marriage by mutual consent.

On the basis of the aforementioned facts, counsel for the petitioner and respondent No.2 pray that as the parties have arrived at a bona fide settlement and as the dispute arose from a matrimonial discord, Crl.Misc.No.53869.M of 2006 ::2::

the present petition be allowed and the FIR, as also subsequent proceedings emanating therefrom be quashed.

Counsel for the Union Territory Chandigarh states that in view of the compromise, arrived at between the parties, they 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.

The petitioner and respondent No.2 were married on 29.6.2002.

A matrimonial discord led to the registration of the FIR. During the pendency of the present petition, better sense prevailed upon the parties and with the intervention of respectables, relatives and friends, they have settled their disputes. They have agreed to obtain a decree of divorce by mutual consent. The petitioner and respondent No.2 have also filed affidavits, dated 7.9.2006, deposing therein the facts, noticed herein above. It is also deposed in the affidavit that respondent No.2 has received a sum of Rs.2.25 lacs in full and final settlement of all claims. I have no reason to doubt the bona fides of the settlement or the affidavits. The parties have resolved their disputes and, therefore, to permit the prosecution to carry on would, in my opinion, be an exercise in futility and a wastage of public time and money. In view of the compromise, the complainant and her witnesses are not likely to support the prosecution case. It is a fit case where this Court should exercise jurisdiction, under Section 482 of the Cr.P.C, to put an end to these futile criminal proceedings. Consequently, in view of the peculiar facts and circumstances of the present case, the present petition is allowed and FIR No.147, dated 27.5.2003, registered under Sections 406/498A of the IPC, at Police Station Manimajra, U.T.Chandigarh, as also subsequent Crl.Misc.No.53869.M of 2006 ::3::

proceedings, emanating therefrom, are quashed.

( RAJIVE BHALLA )

September 11, 2006. JUDGE

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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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