High Court of Punjab and HaryanaCRM-M/12422/2017allowed

Ajay Kumar And ORS v. State Of Punjab And ORS

2017-05-23Mrs. Justice Raj Rahul Garg2 pages

CRM-M-12422-2017 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-12422-2017 (O&M) Date of Decision:- 23.05.2017 Ajay Kumar and others ....Petitioners

Versus

State of Punjab and others ....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. R.S. Chauhan, Advocate, for the petitioners. Ms. Anmol Grewal, DAG, Punjab.

Mr. Naresh Chander, Advocate for respondent Nos.2 and 3.

**** RITU BAHRI, J. (Oral) Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.94 dated 23.07.2016, under Section 498-A, registered at Police Station Garhshankar, District Hoshiarpur, on the basis of compromise dated 21.09.2016 (Annexure P-2).

Brief facts of the case are that marriage between petitioner No.1 and respondent No.3 was solemnized on 08.06.2008. 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 against the petitioners. Learned counsel for the petitioners submits that keeping in view the peace and harmony, the matter has now been amicably settled between the parties with the intervention of respectable persons, vide compromise dated 21.09.2016 (Annexure P-2).

During the course of preliminary hearing, the trial Court, was directed to record the statements of all the concerned parties, with regard to Naresh Kumar 2017.06.12 13:23 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-12422-2017 (O&M) -2the genuineness and validity or otherwise of the compromise dated 21.09.2016 (Annexure P-2), by way of order dated 18.04.2017, by this Court.

In compliance of order dated 18.04.2017 of this Court, the report of the Sub-Divisional Judicial Magistrate, Garhshankar dated 21.04.2017 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.94 dated 23.07.2016, under Section 498-A, registered at Police Station Garhshankar, District Hoshiarpur and all the subsequent proceedings arising therefrom are hereby quashed, on the basis of compromise dated 21.09.2016 (Annexure P-2). The present petition stands disposed of.

May 23, 2017 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2017.06.12 13:23 I attest to the accuracy and integrity of this document Chandigarh