High Court of Punjab and HaryanaCRM-M/18240/2016allowed

Maneet Singh Gadhok v. State Of Punjab And ANR

2016-07-22Mrs. Justice Raj Rahul Garg3 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:- 22.07.2016 Maneet Singh Gadhok ....Petitioner

Versus

State of Punjab and another ....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Ms. Aarti Gupta, Advocate for the petitioner.

Ms. Manpreet Grewal, Assistant Advocate General, Punjab. Mr. Inderpal Singh Parmar, Advocate for respondent No.2.

**** RITU BAHRI, J. (Oral) The present petition has been filed under Section 482 Cr.P.C. for quashing of order dated 20.01.2015 passed by the learned Judicial Magistrate First Class, Ludhiana, in which, the peititoner was declared as proclaimed offender in case FIR No.107 dated 19.10.2013 (Annexure P-3) under Section 406 and 498-A IPC at Police Station Women Cell, Ludhiana, on the basis of settlement/compromise dated 29.04.2016 (Annexure P-4) before the Mediation and Conciliation Centre of this Court. The marriage of the petitioner was solemnized with respondent No.2 on 13.01.2013 at New Delhi according to Sikh Rites and Ceremonies.

-2After marriage, the dispute arose between the parties and multifarious litigations took place between them.

Vide order dated 25.02.2016 of this Court, the matter was referred to the Mediation and Conciliation Centre of this Court where both the parties have compromised the matter, vide settlement/agreement dated 29.04.2016 (Annexure P-4). It has been agreed between the parties that husband-Maneet Singh through his GPA Mukhtiar Singh will pay an amount of `50,00,000/- to the wife-Sandeep Kaur Chandhok @ Sandeep Kaur (respondent No.2) in lieu of dowry articles as permanent alimony and maintenance.

As per the condition of the settlement/agreement, learned counsel for the petitioner has handed over a demand draft of `10,00,000/- to learned counsel for respondent No.2 today in the Court and also handed over the original passport of Sandeep Kaur Chandhok (respondent No.2). As per affidavit dated 30.04.2016 (Annexure P-7) of complainant (respondent No.2), she has no objection, if the present petition for quashing the P.O. proceedings against the petitioner is quashed. After hearing the learned counsel for the parties, going through the record, this Court is of the considered view that both the parties have compromised the matter, vide settlement/compromise dated 29.04.2016 before the Mediation & Conciliation Centre of this Court. As per the settlement, a draft of `10,00,000/- and original passport of complainant, have been handed over to learned counsel for respondent No.2, today in the Court. The complainant has filed an affidavit dated 30.04.2016 (Annexure P-7) that she has no objection if the present petition is allowed.

-3Taking into consideration the above-said facts, the present petition is allowed. Order dated 20.01.2015 passed by the Judicial Magistrate First Class, Ludhiana, declaring the petitioner as proclaimed offender in FIR No.107 dated 19.10.2013 (Annexure P-3), is hereby quashed.

July 22, 2016 ( RITU BAHRI ) naresh.k JUDGE