Amandeep Singh And ANR v. State Of Punjab And Another

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M- 6138-2022 Date of decision : 17.05.2023 Amandeep Singh and Anr.

...... Petitioners V/S State of Punjab and Anr.

..... Respondents CORAM :

HON'BLE MS. JUSTICE AMARJOT BHATTI

Present:

Mr. Suresh Kumar Arya, Advocate for the petitioners.

Mr. M.S.Joshi, Addl. A.G. Punjab.

Mr. B.S.Jaswal, Advocate for respondent No.2. **** AMARJOT BHATTI J. (ORAL) The petitioners-Amandeep Singh and Narinder Kaur have filed the instant petition under Section 482 of Cr.P.C. for quashing of FIR No.125, dated 12.12.2018, under Sections 498-A, 406 of IPC, registered at Police Station Khilchian District Amritsar (Rural) and all other subsequent proceedings on the basis of compromise between the parties dated 16.12.2021 (Annexure P-2). As per the facts of the case, the complainant -Amandeep Kaur filed complaint against her husband-Amandeep Singh and members of in-laws family alleging that her marriage was performed on 01.02.2016, according to Sikh rites. Her father had performed her marriage as per his capacity. She was physically and mentally harassed in the matrimonial home. She was even given poison and

-2regarding that incident she filed an application. On one occasion, it was also decided to take divorce and he would return all her articles. The parties had appeared and it was disclosed that the boy was in foreign country, he will return back on 30.04.2018 and thereafter, the matter will be finalized. Ultimately, the complaint was filed, the matter was enquired and present FIR has been registered. 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, Baba Bakala Sahib dated 26.04.2023. 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. The petitioners- Amandeep Singh and Narinder Kaur have also confirmed this fact in their separate statement. The statement of SI Nishan 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, Baba Bakala Sahib, 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 matrimonial disputes.

Now, they will be able to live in peace. No purpose would be served with the continuation of criminal proceedings.

-3Therefore considering these facts the petition filed by the petitioners is accepted and FIR No.125, dated 12.12.2018, under Sections 498-A, 406 of IPC, registered at Police Station Khilchian District Amritsar (Rural) and the consequential proceedings arising therefrom are quashed. Accordingly, the present petition stands accepted. (AMARJOT BHATTI ) JUDGE 17.05.2023.

Sunil Devi Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No