LAWS(P&H)-2014-11-358

MOHIT KAILA Vs. STATE OF PUNJAB & ORS

Decided On November 11, 2014
Mohit Kaila Appellant
V/S
State Of Punjab And Ors Respondents

JUDGEMENT

(1.) The contour of the facts & material, culminating in the commencement, relevant for deciding the instant petition and emanating from the record, is that initially, in the wake of complaint of complainant Kailash Nath Chugh s/o Balkrishan Chugh respondent No.2 (for brevity "the complainant"), a criminal case was registered against petitioneraccused Mohit Kaila s/o Avinash Chand Kaila, husband of Geetika Chugh, daughter of complainant (respondent No.3), vide FIR No.100 dated 25.11.2013 (Annexure P1), on accusation of having committed the offences punishable u/ss 406 and 498-A IPC, by the police of Police Station Women Cell, Jalandhar City.

(2.) During the course of investigation of the criminal case, good sense prevailed and the parties have amicably settled their matrimonial dispute, by virtue of compromise deed dated 30.10.2014 (Annexure P-2).

(3.) Having compromised the matter, the petitioner-accused has preferred the present petition, to quash the impugned FIR (Annexure P-2) and all other subsequent proceedings arising therefrom, invoking the provisions of Section 482 Cr.PC, inter-alia, pleading that now with the intervention of respectables, the parties have amicably settled their matrimonial dispute, vide indicated compromise deed (Annexure P2). They have redressed their grievances and have no grudge against each other. They do not want to indulge in any litigation. It will consume their precious time. The complainant-respondent No.2 and respondent No.3 have mutually agreed to dissolve their marriage, by means of a decree of divorce u/s 13-B of the Hindu Marriage Act (hereinafter to be referred as "the Act"). They have no objection in case, the criminal case registered against the petitioner, by way of impugned FIR is quashed. On the strength of aforesaid grounds, the petitioner sought to quash the impugned FIR (Annexure P-1) and all other consequent proceedings arising thereto in the manner described herein-above.