Jasbir Singh And Others v. State Of Punjab And Another

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M- 6503-2020 Date of decision : 24.04.2023 Jasbir Singh and Others ...... Petitioners V/S State of Punjab and Another ..... Respondents CORAM :

HON'BLE MS. JUSTICE AMARJOT BHATTI

Present:

Mr. Ankit, Advocate for Mr. C.B.S.Jaswal, Advocate for the petitioners. Mr. M.S.Joshi, Addl. A.G. Punjab.

Mr. Karan Dhawan, Advocate for respondent No.2. **** AMARJOT BHATTI J. (ORAL) The petitioners-Jasbir Singh, Jatinderpal Singh and Harmeet Kaur have filed the instant petition under Section 482 of Cr.P.C. for quashing of FIR No.66 dated 04.07.2019, under Sections 498-A, 406, 323, 120-B of IPC, registered at Police Station Dhariwal, District Gurdaspur and all other subsequent proceedings on the basis of compromise between the parties dated 07.01.2020 (Annexure P-2).

As per the facts of the case, the complainant - Harmanpreet Kaur gave written complaint against her husband Jasbir Singh and others that her marriage was solemnized on 25.11.2016. Her parents had given dowry beyond their capacity. The accused persons were unhappy with the dowry. They used to

-2taunt her that the dowry articles were not given as per their status. During her stay in the matrimonial home she was beaten up several times. She gave birth to a son, who is 1 1⁄2 years old. She lived in the matrimonial home with the hope that better sense would prevail, but there was no change in their behaviour. They even tried to kill her. She apprehended danger to her live in the matrimonial home. Ultimately, she filed the present complaint, on the basis of which the 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, Gurdaspur dated 14.03.2023. 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.

The petitioners- Jasbir Singh, Jatinderpal Singh and Harmeet Kaur have also confirmed this fact in their separate statement. The statement of ASI Harbhajan Chand 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, Gurdaspur, 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.

-3Therefore considering these facts the petition filed by the petitioners is accepted and FIR No.66 dated 04.07.2019, under Sections 498-A, 406, 323, 120-B of IPC, registered at Police Station Dhariwal, District Gurdaspur and the consequential proceedings arising therefrom are quashed. Accordingly, the present petition stands accepted. (AMARJOT BHATTI ) JUDGE 24.04.2023 Sunil Devi Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No