High Court of Punjab and HaryanaCRM-M/13881/2016allowed

Rajesh Kumar And ORS. v. State Of Punjab And ANR.

2016-10-03Mrs. Justice Raj Rahul Garg2 pages

Crl. Misc. No. M-13881 of 2016

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Crl. Misc. No. M-13881 of 2016 Date of decision : 03.10.2016 Rakesh Kumar and ors.

......Petitioners versus State of Punjab and anr.

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Angel Sharma, Advocate for the petitioners Mr. A.P.S. Gill, A.A.G. Punjab **** RITU BAHRI , J. (Oral) Quashing of FIR No. 17 dated 07.03.2015 under Sections 406/498-A/354/506 IPC, registered at Police Station Talwara Mushrafery, District Hoshiarpur, is being sought on the basis of compromise deed dated 28.03.2016 (Annexure P-2) and affidavit dated 21.04.2016 (P-4). Respondent No. 2 got married to petitioner No. 1 on 10.11.2012. Due to temperamental differences, 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 on account of bringing less dowry and harassment caused by the petitioners. However, the matter has now been duly compromised, vide compromise deed dated 28.03.2016 (Annexure P-2) and affidavit dated 21.04.2016 (P-4).

In compliance of order dated 01.08.2016, report dated 20.09.2016 of Judicial Magistrate 1st Class, Mukeraian, has been received in GAURAV ARORA 2016.10.06 15:54 I attest to the accuracy and integrity of this document

Crl. Misc. No. M-13881 of 2016 this regard. As per report, statement of parties have been recorded. Complainant stated that the matter stands compromised between the parties and she does not want to proceed further against the accused and has no objection, if the present F.I.R be quashed against the petitioners. The compromise has been entered voluntarily. To the same effect is the statements given by the petitioners.

Consequently, in view of the status report dated 20.09.2016 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. 17 dated 07.03.2015 under Sections 406/498-A/354/506 IPC, registered at Police Station Talwara Mushrafery, District Hoshiarpur, is quashed along with all consequential proceedings arising therefrom qua petitioners.

The petition stands disposed of.

03.10.2016 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No GAURAV ARORA 2016.10.06 15:54 I attest to the accuracy and integrity of this document