Varinder Singh And ANR v. State Of Punjab And ANR

CRM-M-1794-2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-1794-2017 Date of Decision:- 20.01.2017 Varinder Singh and another ....Petitioners

Versus

State of Punjab and another ....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Ms. Sarika Gupta, Advocate for the petitioners.

**** RITU BAHRI, J. (Oral) Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.220 dated 28.10.2016, under Sections 406 and 498-A IPC, registered at Police Station Tanda, District Hoshiarpur, on the basis of compromise dated 26.12.2016 (Annexure P-2). Brief facts of the case are that the marriage of complainant was solemnized with petitioner No.1-Varinder Singh on 18.01.2015. The allegations in the FIR are that the petitioners started taunting, insulting and maltreating the complainant on account of demand of dowry. 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.

Learned counsel for the petitioners submits that keeping in view the peace and harmony of the village and area, the matter has now been amicably settled between the parties with the intervention of respectable persons, vide compromise dated 26.12.2016 (Annexure P-2), Notice of motion be issued to the respondents. At this stage, Mr. Sidakmeet Singh Sandhu, AAG, Punjab, Naresh Kumar 2017.01.

CRM-M-1794-2017 -2accepts notice on behalf of the State and Ms. Divya Godara, Advocate, accepts notice on behalf of complainant-respondent No.2. Both the parties are present in person in the Court. Learned counsel for respondent No.2 has filed an affidavit of complainant-Gurbax Kaur (respondent No.2), today in the Court and the same is taken on record.

As per affidavit of complainant, the compromise has been effected between the parties with the intervention of the respectables and relatives on 26.12.2016 and she is residing happily in her matrimonial house with her husband, child and other family members. She has no objection, if the present FIR registered against the petitioners is quashed. Consequently, in view of the above-said affidavit 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.220 dated 28.10.2016, under Sections 406 and 498-A IPC, registered at Police Station Tanda, District Hoshiarpur and all the subsequent proceedings arising therefrom are hereby quashed on the basis of compromise dated 26.12.2016 (Annexure P-2). The present petition stands disposed of.

January 20, 2017 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2017.01.24 10:40 I attest to the accuracy and integrity of this document Chandigarh