High Court of Punjab and HaryanaCRM-M/14673/2016allowed

Gurjant Singh And ORS. v. State Of Punjab And ANR.

2016-08-27Mrs. Justice Raj Rahul Garg2 pages

CRM-M-14673-2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-14673-2016 Date of Decision:- 27.08.2016 Gurjant Singh and others ....Petitioners

Versus

State of Punjab and another ....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Ms. Parminder Kaur, Advocate for Mr. Vishal Gupta, Advocate, for the petitioners.

Ms. Anmol Grewal, DAG, Punjab.

Ms. Ruchi Sekhri, 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.144 dated 05.12.2013 under Sections 498-A, 406, 323, 147 and 149 IPC, registered at Police Station Amloh, District Fatehgarh Sahib and all the subsequent proceedings arising therefrom, on the basis of compromise dated 06.04.2015 (Annexure P-2). Brief facts of the case are that the marriage of complainant was solemnized with petitioner No.1 Gurjant Singh, according to rites and rituals. The parents of the complainant had spent amount according to their financial capacity. 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.

Naresh Kumar 2016.09.02 10:54 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-14673-2016 -2Learned counsel for the petitioners submits that keeping in view the peace and harmony of the village and area, the matter has been amicably settled between the parties, vide compromise dated 06.04.2015 (Annexure P-2).

Upon notice, reply by way of affidavit has been filed on behalf of respondent No.2, today in the Court and the same is taken on record. As per her affidavit, she has joined her matrimonial home and has started living with her husband out of her own sweet will and without any coercion or pressure. She has no objection, if the present FIR registered against the petitioners is quashed.

Consequently, in view of the above-said reply 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.144 dated 05.12.2013 under Sections 498-A, 406, 323, 147 and 149 IPC, registered at Police Station Amloh, District Fatehgarh Sahib and all the subsequent proceedings arising therefrom are hereby quashed on the basis of compromise dated 06.04.2015 (Annexure P-2).

The present petition stands disposed of.

August 27, 2016 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2016.09.02 10:54 I attest to the accuracy and integrity of this document Chandigarh