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2025 DAILYLAW 83152 (PNJ)

GAGAN SINGLA v. STATE OF PUNJAB AND ANR

CRM-M/43834/2024 · 2025-05-12

Jasgurpreet Singh Puri

body2025

Judgment text

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CRM-M-43834-2024 -1- 262 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-43834-2024 Date of decision: 12.05.2025 GAGAN SINGLA ALIAS GAGANDEEP SINGLA ...Petitioner(s) VERSUS STATE OF PUNJAB AND ANOTHER ...Respondent(s) CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI Present:- Mr. Varun Mittal, Advocate for the petitioner. (Through Video Conferencing) Mr. Sahil Chowdhary, AAG, Punjab. Mr. Anshul Sharma, Advocate for respondent No.2. (Through Video Conferencing) **** JASGURPREET SINGH PURI, J. (Oral) 1. The present petition has been filed under Section 482 of the Code of Criminal Procedure for quashing of FIR No.27 dated 19.04.2023, under Sections 498-A and 506 of the IPC, registered at Police Station PS Women, District Bathinda, Punjab, alongwith all other consequential proceedings arising therefrom, on the basis of compromise (Annexure P-2). 2. Learned counsel for the petitioner, who has joined the proceedings through video conferencing, submitted that it is a case where petitioner is the husband and respondent No.2 is the wife and after the marriage, there was a misunderstanding between them, due to which a matrimonial dispute arose between the parties and the present FIR was got lodged by respondent No.2 CHETAN THAKUR 2025.05.16 16:53 I attest to the accuracy and authenticity of this order/judgment. CRM-M-43834-2024 -2- against the petitioner and thereafter, with the intervention of the respectables, the matter has been compromised between the parties vide compromise (Annexure P-2). He further submitted that it was so decided between the parties vide aforesaid compromise that they henceforth will live together peacefully without holding any grudge against each other and in this way, now the petitioner and respondent No.2 are living peacefully with each other and therefore, further continuation of criminal proceedings against the petitioner would not be in the interest of justice. He further submitted that in pursuance of the order passed by this Court on 05.09.2024, the parties were directed to appear before the learned trial Court/Illaqa Magistrate for recording their statements with regard to the authenticity of compromise, to which they have already got their statements recorded before the learned trial Court/Illaqa Magistrate. He also submitted that since the subject matter of the present dispute does not fall in the category of any serious or heinous offence, no useful purpose will be served in case further prosecution is carried on and therefore, the FIR may be quashed on the basis of compromise. 3. On the other hand, Mr. Sahil Chowdhary, AAG, Punjab submitted that since the present is a matrimonial dispute and the matter has been resolved between the parties, he has no objection in case the present FIR is quashed based upon compromise. 4. Learned counsel for respondent No.2, who has also joined the proceedings through video conferencing, submitted that he has specific instructions from respondent No.2 to state that the matter has been amicably settled between the parties and they are living peacefully together and CHETAN THAKUR 2025.05.16 16:53 I attest to the accuracy and authenticity of this order/judgment. CRM-M-43834-2024 -3- she has no objection in case the present FIR is quashed based upon compromise. 5. I have heard the learned counsels for the parties. 6. The prayer in the present petition is for quashing of the FIR on the basis of compromise. Vide order dated 05.09.2024, the parties were directed to appear before the learned trial Court/Illaqa Magistrate for the purpose of recording their statements pertaining to genuineness and voluntariness of compromise. In pursuance thereof, a report has been received from the learned Judicial Magistrate 1st Class, Bathinda dated 28.01.2025, wherein it has been stated that only the petitioner has been arraigned as an accused in the present FIR and he has never been declared as proclaimed offender. It has also been stated in the aforesaid report that the compromise between the parties is genuine and it is voluntarily effected between the parties with their free will and without any pressure, threat, coercion or undue influence. It has been further stated that the petitioner is not involved in any other case and there is only one victim/complainant in the present FIR, namely, Priya Kansal, i.e. respondent No.2 in the present case and except her there is no other victim/complainant. 7. Hon’ble Supreme Court in State of Madhya Pradesh versus Laxmi Narayan and others, 2019(2) SCC (Crl.) 706 and also in Gian Singh versus State of Punjab and another, 2013 (1) SCC (Crl.) 160 and Full Bench judgment of this Court in Kulwinder Singh and others versus State of Punjab, 2007 (3) R.C.R. (Criminal) 1052 held that where the offence does not fall in the category of any serious or heinous offence and the Court is satisfied that considering the facts and circumstances of the case, it will not be in the interest CHETAN THAKUR 2025.05.16 16:53 I attest to the accuracy and authenticity of this order/judgment. CRM-M-43834-2024 -4- of justice to continue with the prosecution, then FIR can be quashed on the basis of compromise. 8. After hearing the learned counsels for the parties and perusing the present FIR and the report dated 28.01.2025 sent by the learned Judicial Magistrate 1st Class, Bathinda, this Court is of the considered view that since the subject matter of the present dispute does not fall in the category of any serious or heinous offence and the matrimonial dispute stands resolved between the petitioner and respondent No.2 and as per the learned counsels for the parties, they are now living together peacefully, further continuation of criminal proceedings against the petitioner would not be in the interest of justice and therefore, it is a fit case for quashing the present FIR based upon compromise being fully covered by the aforesaid judgments of Hon’ble Supreme Court and also the judgment of Full Bench of this Court. 9. Consequently, the present petition is allowed. 10. The impugned FIR No.27 dated 19.04.2023, under Sections 498-A and 506 of the IPC, registered at Police Station PS Women, District Bathinda, Punjab, alongwith all other consequential proceedings arising therefrom are hereby quashed, on the basis of compromise (Annexure P-2), qua the petitioner. (JASGURPREET SINGH PURI) 12.05.2025 JUDGE Chetan Thakur Whether speaking/reasoned : Yes/No Whether reportable : Yes/No CHETAN THAKUR 2025.05.16 16:53 I attest to the accuracy and authenticity of this order/judgment.