High Court of Punjab and HaryanaCRM-M/16230/2016allowed

Deepak Kataria And ORS v. State Of Punjab And ORS

2017-04-26Mrs. Justice Raj Rahul Garg2 pages

CRM-M-16230-2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-16230-2016 Date of Decision:- 26.04.2017 Deepak Kataria and others ....Petitioners

Versus

State of Punjab and others ....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Vikas Gupta, Advocate for the petitioners.

Mr. APS Gill, AAG, Punjab.

Mr. Vivek Salathia, 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.136 dated 17.08.2015, under Sections 363, 366A and 120-B IPC, registered at Police Station C-Division, District Amritsar City, on the basis of compromise dated 27.04.2016 (Annexure P-2). Learned counsel for the petitioners submits that the present outcome FIR is an outcome of love marriage between petitioner No.1 and respondent No.3 which was performed by both of them against the wishes of parents of respondent No.3. She (respondent No.3) is residing happily with her husband (petitioner No.1) in her matrimonial home. Moreover 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 27.04.2016 (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 2017.04.28 15:16 I attest to the accuracy and integrity of this document Chandigarh the genuineness and validity or otherwise of the compromise dated

CRM-M-16230-2016 -227.04.2016 (Annexure P-2), by way of order dated 09.02.2017, by this Court.

In compliance of order dated 09.02.2017 of this Court, the report of the Judicial Magistrate 1st Class, Amritsar dated 06.04.2017 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 accused 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.136 dated 17.08.2015, under Sections 363, 366A and 120-B IPC, registered at Police Station C-Division, District Amritsar City and all the subsequent proceedings arising therefrom are hereby quashed, on the basis of compromise dated 27.04.2016 (Annexure P-2).

The present petition stands disposed of.

April 26, 2017 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2017.04.28 15:16 I attest to the accuracy and integrity of this document Chandigarh