- Court
- High Court of Punjab and Haryana
- Decided
- 25 April 2024
- Bench
- Harpreet Singh Brar
- Case no.
- CRM-M 9563/2021
Judgment
218 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-9563-2021 Date of decision: 25.04.2024
HARMEET SINGH ALIAS AMAN DEEP RANDHAWA ...PETITIONER V/S STATE OF PUNJAB AND ANOTHER ...RESPONDENTS
CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Sahil Soi, Advocate for the petitioner.
HARPREET SINGH BRAR J. (ORAL)
1. The present petition is preferred under Section 482 Cr.P.C. seeking quashing of the FIR No. 25 dated 24.04.2012 registered under Sections 406, 498-A and 506 of IPC, registered at Police Station Women Cell, Jalandhar City and all subsequent proceedings arising out of the same.
2. Briefly, the facts are that the marriage between the petitioner and respondent no.2-complainant namely Rajwinder Kaur was solemnised on
07.07.1994 according to Sikh rites and rituals. On the day of the wedding ceremony, the respondent No.2 handed over all her jewellery to the mother-in-law and the remaining dowry articles were given to the father-in-law. A son was born out of wedlock on 03.10.1995. Soon after the wedding, the in-laws started harassing the complainant and treating her cruelly for not bringing sufficient dowry with her. In 2002, the petitioner along with his parents started demanding Rs. 2 Lakhs from the complainant in order to send the petitioner to England. Upon expressing her reservation to fulfil this demand of her in-laws, she was physically assaulted and turned out of the matrimonial house. In order to save the marriage of the complainant, her parents ceded to the demands of the petitioner and gave the aforesaid amount to them. While the petitioner was CRM-M-9563-2021 2 2024:PHHC:061243 in England, the in-laws of the complainant subjected her to maltreatment and started pressurizing her to seek a divorce. The petitioner in the meantime never tried to bring her and their son to England. Thereafter, on 13.11.2011, the complainant was beaten by the petitioner and her in-laws as they wanted the complainant to purchase a luxury car for them. The complainant narrated her ordeal to her parents and subsequently the parents came to her matrimonial house and took the complainant away.
3. Learned counsel for the petitioner inter alia contends that the parties to the dispute had entered into a compromise (Annexure P-2) vide which the petitioner and his parents paid a sum of Rs. 15 Lakhs to the complainant. In return, the complainant agreed to get the criminal case stemming from the instant FIR quashed. Pursuant to the compromise, a petition for quashing the FIR was filed before this Court wherein recording of statements by the parties was ordered. Thereafter, the statements were recorded and respondent No.2 specifically stated that all the claims were settled between the parties and she does not object to the quashing of the FIR against the petitioner and his family members. Since, the petitioner was abroad at the time, the petition was dismissed as withdrawn with liberty to file a fresh one once the petitioner comes back to India. Meanwhile, the parents of the petitioner who were co-accused in the present case were acquitted by the learned trial Court vide judgment dated 01.05.2013. As such, respondent No. 2 has no claim against the petitioner as it is a well-settled proposition in the cases of matrimonial dispute that once a settlement is effected between the parties, the FIR is liable to be quashed.
4. Having heard the learned counsel for the petitioner and after perusing the record of the case, it transpires that the parties to the dispute reached a compromise on 10.10.2012 qua which the following the statement CRM-M-9563-2021 3 2024:PHHC:061243 was recorded by the respondent No.2-complainant before the learned trial Court: Stated that a compromise dated 10.10.2012 has been effected between me and Gurnam Singh, Kamalit Kaur and Harmit singi accused and as per compromise my all claims arising out of matrimonial dispute/relation has been fully settled and satisfied. I have seen the compromise Ex.C1 which is duly signed by me without any pressure and my own sweet will and without any influence and threat or coercion from any side or from the side of the accused. I have no objection if the FIR No. 25 dated 24.04.2012 U/S 406/498A/506 IPC of PS Women Cell, against the accused Gurnam Singh, Harmit Singh and Kamaldeep Kaur is quashed. Clearly thus, there is no dispute that the respondent No.2-complainant willingly entered into a compromise.
5. Owing to the fact that the petitioner was unavailable at the final stage of the quashing of the FIR, the petition was dismissed as withdrawn with liberty granted file a fresh petition once the petitioner returned to India. As per another statement of respondent No.2-complainant (Annexure P-6), a total sum of Rs. 15 lakhs was received by her. She further stated that "My son and I have nothing due from Harmeet Singh, son of Gurnam Singh and his wife Kamaljit Kaur. I also state that divorce case is pending in Court and we will fully cooperate for the same.". It is settled law that once a compromise is arrived at between the parties and all the conditions laid out therein have been substantially complied with by one of the parties, the other party cannot be allowed to resile from the same, after obtaining the benefits arising out of the said compromise. Reliance in this regard can be placed on Nishan Singh vs. State of Punjab and anr. 2018(4) Law Herald 3393, Sandip Somany vs. State of Haryana and anr. 2016(2) Law Herald 1305 and Ram Lal and ors. vs. State of Haryana and anr. 2008(2) R.C.R. (Criminal) 823. CRM-M-9563-2021 4 2024:PHHC:061243
6. The Hon'ble Supreme Court dealt with similar issues in the cases of Ruchi Agarwal vs. Amit Kumar Agarwal and others, 2004(4) RCR (Criminal) 949 and Mohd. Shamin vs. Smt. Nahid Begum, 2005(1) RCR (Criminal) 697 and it was concluded that when the parties have entered into a compromise, but the complainant has backed out from the same, the FIR is liable to be quashed in such situations. The relevant portion cited in the judgment of Ruchi Agarwal (supra) is reproduced herein below: "…Therefore, we are of the opinion that the appellant having received the relief the wanted without contest on the basis of the terms of the compromise, we cannot now accept the argument of the learned counsel for the appellant. In our opinion, the conduct of the appellant indicates that the criminal complaint from which this appeal arises was filedby the wife only to harass the respondents.
8. In view of the above said subsequent events and the conduct of the appellant, it would be an abuse of the process of the court if the criminal proceedings from which this appeal arises is allowed to continue…"
7. In view of the facts and circumstance of the present case and the discussion above, this Court does not find any reason to allow criminal prosecution to continue against the petitioner. Accordingly, the present petition is allowed and FIR No. 25 dated 24.04.2012 registered under Sections 406, 498-A and 506 of IPC, registered at Police Station Women Cell, Jalandhar City and all subsequent proceedings arising out of the same are hereby quashed.
8. Pending miscellaneous application(s), if any, shall also stand disposed of. (HARPREET SINGH BRAR) April 25, 2024 JUDGE manisha
(i) Whether speaking/reasoned Yes/No
(ii) Whether reportable Yes/No
Source: High Court of Punjab and Haryana, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.