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High Court of Punjab and HaryanaCRM-M/10656/2021allowed

Dikshant Thakur @ Manga v. State Of Punjab And ORS

2023-05-10Mrs. Justice Amarjot Bhatti3 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 114+249 Date of decision : 10.05.2023.

Dikshant Thakur @ Manga ...... Petitioner V/S State of Punjab and Ors.

..... Respondents CORAM :

HON'BLE MS. JUSTICE AMARJOT BHATTI

Present:

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

Mr. Kunwarbir Singh, Assistant A.G. Punjab.

Mr. G.S. Brar, Advocate for Mr. D.S.Nigha, Advocate for respondent Nos.2 and 3. **** AMARJOT BHATTI J. (ORAL) CRM-10746-2023 This is an application u/s 482 Cr.P.C. for placing on record copy of judgment & decree dated 19.09.2022 as Annexure P-4. For the reasons stated in the application, the same is allowed. The accompanying document as Annexure P-4 is taken on record. CRM stands disposed of.

CRM-M-10656-2021 The petitioner-Dikshant Thakur @ Manga has filed the instant petition under Section 482 of Cr.P.C. for quashing of FIR No.181 dated 18.10.2015, under Sections 406 and 498-A of IPC, registered at Police Station Sultanpur Lodhi, District Kapurthala, order dated 18.01.2019 (Annexure P-3) and all other subsequent proceedings on the basis of compromise between the parties dated 23.02.2021 (Annexure P-2).

-2As per the facts of the case, the complainant - Kashmir Lal filed written complaint against Dikshant Thakur @ Manga and others alleging that the marriage of his daughter Anjali was performed with Dikshant Thakur @ Manga on 10.03.2015 at Sultanpur. He had given expensive dowry articles i.e. furniture, electrical goods, clothes, blankets, suits etc. He had spend Rs.8 Lacs on marriage. He had given gold ornaments for the accused as well as other family members. After marriage his daughter was taunted for bringing less dowry and they started raising demand for AC. She was physically and mentally tortured. In May, 2015 Dikshant Thakur @ Manga raised demand for a motorcycle and AC. He even tried to strangulate his daughter. She disclosed the maltreatment received by her in the matrimonial home. Ultimately, on 02.07.2015 his daughter was turned out of the matrimonial home by her husband and other members of the in-laws family at night time. The matter was reported to the police and the present FIR has been registered.

The petitioner filed this petition for the quashing of aforesaid FIR on the basis of compromise. The petitioner and respondent Nos. 2 & 3 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 Sub Divisional Judicial Magistrate, Sultanpur Lodhi dated 12.01.2023. The statements of respondent Nos.2 & 3 have been recorded, where they confirmed the compromise with the petitioner. They confirmed that this compromise has been effected without any pressure, coercion from any side and they have no objection regarding quashing of FIR. The petitioner- Dikshant Thakur @ Manga has also confirmed this fact in his separate statement. The statement of ASI Karamjit Singh is also

-3recorded who further confirmed that the accused is neither involved in any other case. He has been declared as proclaimed offender vide order dated 18.01.2019. He was granted concession of bail on 20.07.2021 from the Hon'ble High Court and on 26.07.2021 he had appeared before the learned JMIC, Sultanpur Lodhi and furnished bail/surety bonds and his statement was recorded. Therefore, from the report of Sub Divisional Judicial Magistrate, Sultanpur Lodhi 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 19.09.2022 (Annexure P-4). Now, they will be able to live independently in peace. 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.181 dated 18.10.2015, under Sections 406 and 498-A of IPC, registered at Police Station Sultanpur Lodhi, District Kapurthala, order dated 18.01.2019 (Annexure P-3) and the consequential proceedings arising therefrom are quashed.

Accordingly, the present petition stands accepted. (AMARJOT BHATTI ) JUDGE 10.05.2023.

Sunil Devi Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No