Ravinder Kumar And Others v. State Of Punjab And Others

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 29.05.2023 Ravinder Kumar and Others ...... Petitioners

Versus

State of Punjab and Others ..... Respondents CORAM : HON'BLE MS. JUSTICE AMARJOT BHATTI

Present:

Mr. Randeep Tanwar, Advocate for the petitioners. Mr. Vinay Kumar Gupta, AAG Punjab.

Mr. Viresh Dahiya, Advocate for respondent No. 3. **** AMARJOT BHATTI J. (ORAL) The petitioners - Ravinder Kumar, Amarnath and Kanta Devi have filed the instant petition under Section 482 of Cr.P.C. for quashing of FIR No. 0086 dated 19.11.2021 under Section 498-A, 506 of I.P.C. registered at Women Police Station, District Amritsar (Annexure P-1) and all consequential proceedings in furtherance thereto on the basis of compromise dated 11.07.2022 (Annexure P3) arrived at between the parties. The facts of the case are that the complainant - Bharti filed written complaint that she got married with Ravinder Kumar on 25.07.2020. The accused persons started raising demand for dowry and she was beaten up. She was locked in a room. They raised allegations against her that she was having relation with her brother-in-law. She was beaten up by her husband after one week of marriage. On 20.07.2020, her father-in-law who is a driver and their neighbour left her alone on the road and also took away all her gold jewellery. They gave her fake jewellery to

-2wear. She was threatened that she could not do anything. Ultimately, she filed a complaint, on the basis of which present FIR has been registered. The petitioners filed this petition for quashing of aforesaid FIR on the basis of compromise Annexure P-3. The petitioners and respondent No. 3 were directed to appear before the trial Court/Illaqa Magistrate for recording their statements on the basis of compromise. The detailed report regarding compromise has been received from the Court of Judicial Magistrate First Class, Amritsar dated 26.05.2023. The statement of respondent No. 3 has been recorded, where she confirmed the compromise with the petitioners. She confirmed that this compromise has been effected without any pressure, coercion or undue influence and she has no objection regarding quashing of FIR.

The petitioners - Ravinder Kumar, Amarnath and Kanta Devi have also confirmed this fact in their joint statement. The statement of ASI Satbir Singh is also recorded who further confirmed that the accused persons are neither involved in any other criminal case nor have been declared as proclaimed offender(s).

Therefore, from the report of Judicial Magistrate First Class, Amritsar, it is clear that the compromise has been effected between the parties without any pressure, coercion or undue influence, which is acceptable to both the parties. They have mutually settled all their disputes. The petitioner No. 1 Ravinder Kumar has also filed petition under Section 12(1) of the Hindu Marriage Act, 1955 for the annulment of marriage. The said petition was decided on 24.05.2022 by the Court of learned Additional Principal Judge, Family Court, Hamirpur, H.P., which is Annexure P-2. As per the said judgment, the marriage between petitioner No. 1 Ravinder Kumar and respondent No. 3 Bharti was

-3ordered to be annulled and was declared a nullity under Section 12 (1)(c) of the Hindu Marriage Act. Now, they will be able to live in peace and harmony. No purpose would be served with the continuation of criminal proceedings. Therefore, considering these facts, the petition filed by the petitioners - Ravinder Kumar, Amarnath and Kanta Devi is accepted and FIR No. 0086 dated 19.11.2021 under Section 498-A, 506 of I.P.C. registered at Women Police Station, District Amritsar and all the consequential proceedings arising therefrom are quashed.

Accordingly, the present petition stands accepted. (AMARJOT BHATTI ) JUDGE 29.05.2023 lalit Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No