High Court of Punjab and HaryanaCRM-M/16038/2016allowed

Pawan Kumar An Dors. v. State Of Punjab And ANR.

2017-05-12Mrs. Justice Raj Rahul Garg2 pages

Crl. Misc. No. M-16038 of 2016

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Crl. Misc. No. M-16038 of 2016 Date of decision : 12.05.2017 Pawan Kumar and others ......Petitioners versus State of Punjab and anr.

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. S.K. Chaudhary, Advocate for the petitioners Mr. Jaspreet Sekhon, AAG, Punjab **** RITU BAHRI , J. (Oral) Quashing of FIR No. 71 dated 09.05.2015 under Section 406/498-A/506 IPC, registered at Police Station Divn. No. 1, District Gurdaspur (now Pathankot), is being sought on the basis of compromise, as set out in the petition under Section 13-B of the Hindu Marriage Act dated 16.11.2015 (P-1) Respondent No. 2 got married to petitioner No. 1 on 12.11.2010. Due to temperamental differences, both the parties could not live together as husband and wife. One son was born out of this wedlock. The relationship between them became strained and F.I.R was registered against the petitioners on account of harassment and humiliation caused by the petitioner on the pretext of bringing less dowry by respondent No. 2.

A petition under Section 13-B of the Hindu Marriage Act has also been filed. However, the matter has now been duly compromised, as set out in the petition under Section 13-B of the Hindu Marriage Act dated GAURAV ARORA 2017.05.

Crl. Misc. No. M-16038 of 2016 16.11.2015 (P-1).

In compliance of order dated 19.09.2016, report dated 04.05.2017 of Addl. Chief Judl. Magistrate, Pathankot has been received in this regard. As per report, statement of the complainant and joint statement of petitioners have been recorded and they stated that the matter has been duly compromised between them. The compromise has been entered voluntarily. The complainant stated that she has no objection if the F.I.R be quashed against the petitioners.

Consequently, in view of the status report dated 04.05.2017 and in view of the judgment of the Hon'ble Supreme Court in cases 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. 71 dated 09.05.2015 under Section 406/498-A/506 IPC, registered at Police Station Divn. No. 1, District Gurdaspur (now Pathankot), is quashed along with all consequential proceedings arising therefrom qua petitioners. The petition stands disposed of.

12.05.2017 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No GAURAV ARORA 2017.05.24 14:38 I attest to the accuracy and integrity of this document Chandigarh