Gurpreet Singh v. State Of Punjab And Another

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 18.05.2023 Gurpreet Singh ...... Petitioner V/S State of Punjab and Anr.

..... Respondents CORAM :

HON'BLE MS. JUSTICE AMARJOT BHATTI

Present:

Mr. A.S.Khinda, Advocate for the petitioner.

Mr. Vinay Kumar Gupta, AAG, Punjab.

Mr. Harjinder Singh, Advocate for respondent No.2. **** AMARJOT BHATTI J. (ORAL) The petitioner-Gurpreet Singh has filed the instant petition under Section 482 of Cr.P.C. for quashing of FIR No.11 dated 30.01.2014, under Sections 498-A of IPC, registered at Police Station Subhanpur, District Kapurthala and all other subsequent proceedings on the basis of compromise between the parties dated 31.01.2023 (Annexure P-2).

As per the facts of the case, the complainant - Gurpreet Kaur filed written complaint against her husband-Gurpreet Singh and others, alleging that her marriage was solemnized with Gurpreet Singh while she was doing the course of

-2BCA. Her father had spent Rs.30 Lacs on her marriage at the instance of her inlaws family. She has given detail of articles given at the time of ring ceremony, shagun function and at the time of marriage. After marriage, her husband and in-laws family were unhappy with the dowry articles. She was taunted by saying that her parents have not given washing machine, double door fridge and in this way she was harassed by her in-laws. Her husband was expecting a Fortuner car along with the aforesaid articles. She was physically and mentally tortured in the matrimonial home. She was beaten up and ill-treated by her in-laws. The matter was compromised, even then there was no change in their behaviour. They started compelling her to get 04 killas of land transferred in the name of her husband along with one Fortuner Car. She has narrated various incidents. Ultimately, she filed this complaint on the basis of which present FIR has been 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, Kapurthala dated 29.04.2023. 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.

-3The petitioner-Gurpreet Singh also confirmed this fact in his separate statement. The statement of ASI Sukhchain 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, Kapurthala 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 have also filed joint petition under Section 13-B of Hindu Marriage Act in which decree of divorce has been granted on 09.03.2023. 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.11 dated 30.01.2014, under Sections 498-A of IPC, registered at Police Station Subhanpur, District Kapurthala and the consequential proceedings arising therefrom are quashed.

Accordingly, the present petition stands accepted. (AMARJOT BHATTI ) JUDGE 18.05.2023.

Sunil Devi Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No