Gurjit Singh v. State Of Punjab And Another

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 24.05.2023 Gurjit Singh ...... Petitioner V/S State of Punjab and Anr.

..... Respondents CORAM :

HON'BLE MS. JUSTICE AMARJOT BHATTI

Present:

Mr. Anshul Jain, Advocate for the petitioner.

Mr. Vinay Kumar Gupta, AAG, Punjab.

Mr. Rakesh Sobti, Advocate for respondent No.2. **** AMARJOT BHATTI J. (ORAL) The petitioner-Gurjit Singh has filed the instant petition under Section 482 of Cr.P.C. for quashing of FIR No.68 dated 03.06.2018, under Section 498-A of IPC, registered at Police Station Nurpur Bedi, Rupnagar and all other subsequent proceedings on the basis of compromise between the parties dated 19.01.2023 (Annexure P-2).

As per the facts of the case, the complainant - Amandeep Kaur filed a written complaint against her husband and in-laws family, alleging that she got married with Gurjit Singh about two years ago. For some time, her husband and in-laws family behaved normally but thereafter, they started ill-treating her. She

-2was beaten up and turned out of the matrimonial home when she was on family way. Her in-laws family filed false case against her and her parents. She was maltreated on account of their demand for dowry. She had taken cash of Rs.70,000/- from her parents and had given it to her in-laws. Due to the maltreatment given to her in the matrimonial home, she filed this complaint with the police. The matter was investigated and the present FIR was registered. Learned State counsel has filed status report, which is taken on record.

The petitioner filed this petition for the quashing of aforesaid FIR on the basis of compromise. The petitioner 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, Sri Anandpur Sahib dated 24.03.2023. The statement of respondent No.2 has been recorded, where she confirmed the compromise with the petitioner. 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 petitioner-Gurjit Singh also confirmed this fact in his separate statement. The statement of SI Gurmukh Singh is also recorded who further confirmed that the accused is neither involved in any other case nor has been declared as proclaimed offender.

Therefore, from the report of Judicial Magistrate 1st Class, Sri Anandpur 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. They

-3have also filed joint petition under Section 13-B of Hindu Marriage Act in which decree of divorce has been granted on 20.03.2023. Now they will be able to live independently in peace and harmony. No purpose would be served with the continuation of criminal proceedings Therefore considering these facts the petition filed by the petitioner is accepted and FIR No.68 dated 03.06.2018, under Section 498-A of IPC, registered at Police Station Nurpur Bedi, Rupnagar and the consequential proceedings arising therefrom are quashed.

Accordingly, the present petition stands accepted. (AMARJOT BHATTI ) JUDGE 24.05.2023.

Sunil Devi Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No