'Not Heinous Offence': Punjab & Haryana High Court Allows Quashing Of FIR U/S 498-A IPC

The bench comprising Justice Deepak Sibal noted that the agreed amount has been paid in its entirety to the wife and the parties have been granted divorce by mutual consent based on the said agreement.

Today, when the present petition came up for hearing before this Court, learned counsel appearing for the petitioner submits that the agreed amount, in entirety, has been paid by the petitioner to the complainant and that on the basis of the settlement between the petitioner and the complainant they have been granted divorce by way of mutual consent.

The counsels for both the parties admitted to the above averments but it was the case of the complainant-wife that she has not been paid the entire amount of the compromise therefore, she does not admit to the compromise.

The court observed that since both the parties have admitted that their matrimonial dispute stands resolved, and a statement has been made on behalf of the complainant regarding the fact that she has no objection if the impugned FIR is quashed, this court considers continuation of the instant proceedings not desirable.

The court further provided another reason for quashing of the instant proceedings by stating that since the instant proceedings that are in pursuance to the impugned FIR lodged by the complainant against the petitioner originate from a matrimonial dispute and does not pertain to heinous offence, the same should not be continued.

In terms of the law laid down by the Supreme Court in Narinder Singh & Ors. Vs. State of Punjab & Anr. (2014) 6 SCC 466, the Court considered it just and proper to allow the petition and quash the FIR along with all proceedings arising therefrom qua the petitioner.

In the light of the afore admitted position where the matrimonial dispute between the petitioner and the complainant admittedly stands resolved and a statement has been made on behalf of learned counsel appearing for the complainant before this Court that his client has no objection if the impugned FIR is quashed, this Court is of the opinion that continuation of the proceedings in pursuance to the impugned FIR got lodged by the complainant against the petitioner is not desirable and since the same originates from a matrimonial dispute and does not pertain to heinous offence, in terms of the law laid down by the Supreme Court in Narinder Singh & Ors. Vs. State of Punjab & Anr. (2014) 6 SCC 466, this Court deems it just and proper to allow the petition and resultantly quash FIR No. 123 dated 22.10.2019 registered under Sections 498-A and 406 IPC at Police Station Dhariwal, district Gurdaspur and all proceedings arising therefrom qua the petitioner.

Accordingly, the instant petition is disposed off.

Case Title: Kawabir Singh Versus State of Punjab and another

Citation: 2022 LiveLaw (PH) 176

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