AI Structured Summary
Not yet generated for this judgment
Judgment
Karamjit Singh, J
Case has been heard through video conferencing on account of COVID-19 Pandemic.
Prayer in this petition is for quashing of FIR No.122 dated 1.7.2020 registered under Sections 376 IPC at Police Station City, Nawanshahr, District
Shaheed Bhagat Singh Nagar on the basis of affidavit (Annexure P-8) of respondent No.2.
The aforesaid FIR was registered against the petitioner on the basis of statement of respondent No.2-Harsimran @ Harsimran Bali.
During the course of preliminary hearing, the trial Court/Illaqa Magistrate was directed to record the statements of all the concerned parties with
regard to genuineness and validity of the compromise vide order dated 15.10.2020 passed by the Coordinate Bench of this Court, on the basis of
affidavit (Annexure P-8) of respondent No.2.
Report has been received from Chief Judicial Magistrate Shaheed Bhagat Singh Nagar, as per which , petitioner-Inderjet @ Inderjeet Singh Chhina
and respondent No.2-Harsimran @ Harsimran Bali had appeared in the said Court and their statements were recorded, in which they have admitted
to have entered into a voluntary compromise, without any pressure, coercion, undue influence and inducement from any quarter. Both of them also
admitted that they have already solemnized marriage and are now living happily as husband and wife. Further, the complainant has stated that she has
no objection if the FIR in question is quashed by this Court. As per report of CJM, SBS Nagar, the aforesaid compromise is genuine and voluntary.
I have heard learned counsel for the parties besides going through the record.
Today, the petitioner and respondent No.2 are present in the office of counsel for the petitioner. This Court interacted with them through video
conferencing. Respondent No.2 during the said interaction stated that now she is living happy married life with the petitioner and she has no objection
if the FIR in question is quashed. Both of them admitted that they got married on 6.7.2020 and copy of marriage certificate is Annexure P-6.
In the light of the aforesaid, it stands proved that the parties have amicably settled their dispute and now they are living as husband and wife.
Counsel for the parties are AD IDEM that in the light of amicable settlement of dispute between the parties, the criminal proceedings are liable to be
quashed.
Counsel for the petitioner referred to the decision rendered by the Coordinate Bench of this Court in CRM-M-4542-2015 (O&M); Kanwaljit Singh
and another v. State of Punjab and another decided on 4.12.2015 wherein FIR registered under Sections 366, 376, 313, 120-B IPC was quashed on
the ground that the parties got married and started leading happy married life.
To my mind, the aforesaid compromise is in the welfare and interest of the parties. Quashing of FIR will enable both the parties to live in peace and
enjoy their married life. The settlement between the parties is going to result in harmony between the families of both the parties.
For the reasons stated above and having regard to the principles laid down in Gian Singh v. State of Punjab and another, 2012 (4) RCR (Criminal) 543
and Kulwinder Singh and others v. State of Punjab and another, 2007(3) RCR (Criminal) 1052, this Court feels that no useful purpose would be served
by keeping the criminal proceedings alive. It will be in the interest of the justice if the settlement reached between the parties is accepted and
honoured.
Accordingly, the present petition is allowed and FIR No.122 dated 1.7.2020 registered under Sections 376 IPC at Police Station City, Nawanshahr,
District Shaheed Bhagat Singh Nagar and all consequential proceedings arising therefrom are hereby quashed.