Sukhminder Singh & ORS v. State Of Punjab & ANR

CRM-M-12741-2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-12741-2016 Date of Decision:- 01.09.2016 Sukhminder Singh and others ....Petitioners

Versus

State of Punjab and another ....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Raj Kumar Gupta, Advocate for the petitioners.

Ms. Manpreet Dhaliwal, AAG, Punjab.

Ms. Manpreet Kaur, Advocate for respondent No.2.

**** RITU BAHRI, J. (Oral) The present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.113 dated 01.08.2014, under Sections 406, 498, 323 and 313 read with Section 34 IPC, registered at Police Station Dehlon, District Ludhiana, on the basis of compromise dated 12.05.2015 (Annexure P-4).

Brief facts of the case are that the marriage of complainant was solemnized with petitioner No.1 Sukhminder Singh on 11.12.2013. The parents of the complainant had spent huge amount on the marriage. After few days of marriage, the behavior of the accused became changed and they started beating to the complainant and also abused her family members on account of demand of dowry. Due to incompatibility of temperament, both the parties could not live together as husband and wife. The relationship between them became strained and thereafter, the F.I.R was registered Naresh Kumar 2016.09.06 10:16 I attest to the accuracy and integrity of this document Chandigarh against the petitioners.

CRM-M-12741-2016 -2Learned counsel for the petitioners submits that keeping in view the peace and harmony of the village and area, the matter has now been amicably settled between the parties, vide compromise dated 12.05.2015 (Annexure P-4).

During the course of preliminary hearing, the trial Court, was directed to record the statements of all the concerned parties, with regard to the genuineness and validity or otherwise of the compromise dated 12.05.2015 (Annexure P-4), by way of order dated 21.04.2016, by this Court.

In compliance of order dated 21.04.2016 of this Court, the report of Judicial Magistrate, 1st Class, Ludhiana dated 13.06.2016 has been received. As per the report, the statements of all the concerned parties have been recorded and the complainant has no objection, if the present FIR registered against the petitioners is quashed. Statements of the petitioners and complainant have been recorded to the same effect. Consequently, in view of the above-said report and in view of the judgments of the Hon'ble Supreme Court in Dr. Arvind Barsaul etc. Vs. State of Madhya Pradesh and another, 2008(2) RCR (Criminal) 910; Madan Mohan Abbot vs. State of Punjab, 2008(2) RCR (Criminal) 429 and the law laid down by the Full Bench of this Court in the case of Kulwinder Singh and Ors. vs. State of Punjab and another, 2007(3) RCR (Crl.)

1052, no useful purpose would be served in prolonging the litigation. Accordingly, FIR No.113 dated 01.08.2014, under Sections 406, 498, 323 and 313 read with Section 34 IPC, registered at Police Station Dehlon, District Ludhiana and all the subsequent proceedings arising therefrom are hereby quashed on the basis of compromise dated 12.05.2015 (Annexure P-4).

The present petition stands disposed of.

September 01, 2016 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2016.09.06 10:16 I attest to the accuracy and integrity of this document Chandigarh