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High Court of Punjab and HaryanaCRM-M/11141/2016allowed

Naresh Kumar & ORS v. State Of Punjab & ANR

2016-07-05Mrs. Justice Raj Rahul Garg2 pages

CRM-M-11141-2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-11141-2016 Date of Decision:- 05.07.2016 Naresh Kumar and others ....Petitioners

Versus

State of Punjab and another ....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

None for the petitioners.

Complainant in person.

ASI Satnam Singh, for the State.

**** RITU BAHRI, J. (Oral) The present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.64 dated 13.08.2012 (Annexure P-1), under Sections 406 and 498-A IPC, registered at Police Station Women, District Ludhiana and all the subsequent proceedings arising therefrom, on the basis of settlement agreement/compromise dated 06.02.2015 (Annexure P-2), before the Mediation and Conciliation Centre of this Court. Brief facts of the case are that the F.I.R was registered against the petitioners at the instance of respondent No.2. As per the F.I.R, the marriage was solemnized on 17.09.2010 according to Hindu rites and ceremonies at Pathankot. The parties lived together and consummated the marriage, but no child was born from their wedlock. Due to incompatibility of temperament, both the parties could not live together as husband and wife. The relationship between them became strain and thereafter, the F.I.R was registered against the petitioners.

NARESH KUMAR 2016.07.18 11:53 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-11141-2016 -2During the pendency of petition bearing CRM-M-36044 of 2013 titled as Raj Rani and another Vs. State of Punjab and others, a Co-ordinate Bench of this Court, vide order dated 19.11.2014, has directed the parties to appear before the Mediation and Conciliation Centre of this Court for amicable settlement. Pursuant to the above-said order, the parties have appeared and compromised the matter in Mediation & Conciliation Centre of this Court, vide settlement agreement dated 06.02.2015 (Annexure P-2).

Today, respondent No.2-complainant is present in the Court and has identified by the Invesitgation Officer. She has placed on record an affidavit dated 05.07.2016 to the effect that the matter has been duly compromised before the Mediation and Conciliation Centre of this Court and she has no objection if the F.I.R. (Annexure P-1) registered against the petitioners is quashed. The settlement is voluntarily and without any pressure.

Consequently, in view of the above-said affidavit and in view of the judgment of the Hon'ble Supreme Court in the case of Dr. Arvind Barsaul etc. versus State of Madhya Pradesh and another 2008(2) RCR (Criminal) 910, no useful purpose would be served in prolonging the litigation.

Accordingly, FIR No.64 dated 13.08.2012 (Annexure P-1) under Sections 406 and 498-A IPC, registered at Police Station Women, District Ludhiana is hereby quashed along with all consequential proceedings arising therefrom.

The present petition stands disposed of.

July 05, 2016 ( RITU BAHRI ) naresh.k JUDGE NARESH KUMAR 2016.07.18 11:53 I attest to the accuracy and integrity of this document Chandigarh