Rajvinder Singh And Others v. State Of Punjab And Another
-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 11.04.2023 Rajvinder Singh and Ors.
...... Petitioners V/S State of Punjab and Anr.
..... Respondents CORAM :
HON'BLE MS. JUSTICE AMARJOT BHATTI
Present:
Mr. Manoj K. Sharma, Advocate for the petitioners.
Mr. Mohinder Singh Joshi, Additional A.G. Punjab. Mr. Ritesh K. Sharma, Advocate for respondent No.2. **** AMARJOT BHATTI J. (ORAL) The petitioners- Rajvinder Singh, Rajinder Kaur and Parminder Singh have filed the instant petition under Section 482 of Cr.P.C. for quashing of FIR No.26 dated 10.11.2018, under Section 406, 498-A of IPC, registered at Police Station NRI District SAS Nagar and all other subsequent proceedings on the basis of compromise between the parties dated 17.01.2023 (Annexure P-2). As per the facts of the case, the complainant -Manpreet Kaur filed a complaint against her husband Parminder Singh and others alleging that in the month of March, 2008 she had gone to Australia on study visa. During this time she got permanent residence of Australia. In February, 2011 her parents met Baljit Kaur in a marriage function and thereafter she approached her parents for marriage
-2proposal with Parminder Singh. The engagement ceremony took place on 19.01.2014. Thereafter, she went back to Australia on 28.01.2014. Parminder Singh raised demand of Rs.15,000/- on 21.01.2015 and assured to return back the same. During that time he was without job and used to spent her money from their joint account. Her marriage was fixed for 10.05.2015. They were given dowry articles as per their demand. She was not treated nicely in the matrimonial home. They used to comment on her complexion. Her husband was addicted to smoking and other intoxicants. Her husband started raising demand for a vehicle and when she protested, he gave her beating. Even in Australia she used to bear the entire expenditure. On 25.11.2017, her husband tried to take her son to New Zealand but he could not go. Her in-laws family threatened her. She filed this complaint for return of all her dowry articles and for her personal security. The matter was enquired and thereafter, the present FIR has been registered. Learned State counsel has filed status report, which is taken on record.
The petitioners filed this petition for the quashing of aforesaid FIR on the basis of compromise. The petitioners and respondent No.2 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 1st Class, SAS Nagar dated 01.03.2023. The statement of respondent No.2 has been recorded, where she confirmed the compromise with the petitioners. She confirmed that this compromise has been effected without any pressure, coercion from any side and she has no objection regarding quashing of FIR.
-3The petitioners- Rajvinder Singh, Rajinder Kaur and Parminder Singh have also confirmed this fact in their separate statements. The statement of SI Ravinder Singh is also recorded who further confirmed that the accused are neither involved in any other case nor have been declared as proclaimed offenders. Therefore, from the report of Judicial Magistrate 1st Class, SAS Nagar 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 the disputes and started living together. They will be able to live in peace and harmony. It will end all litigation started between them. No purpose would be served with the continuation of criminal proceedings Therefore considering these facts the petition filed by the petitioners is accepted and FIR No.26 dated 10.11.2018, under Section 406, 498-A of IPC, registered at Police Station NRI District SAS Nagar and the consequential proceedings arising therefrom are quashed.
Accordingly, the present petition stands accepted. Pending application, if any, shall also stands disposed of. (AMARJOT BHATTI ) JUDGE 11.04.2023 Sunil Devi Whether speaking/reasoned:
Yes/No Whether Reportable:
Yes/No