High Court of Punjab and HaryanaCRM-M/20233/2016allowed

Mohd. Shamshad And ORS v. State Of Punjab And ANR

2016-10-04Mrs. Justice Raj Rahul Garg2 pages

CRM-M-20233-2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-20233-2016 Date of Decision:- 04.10.2016 Mohd. Shamshad and others ....Petitioners

Versus

State of Punjab and another ....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Pankaj Bali, Advocate for the petitioners.

Mr. A.P.S. Gill, AAG, Punjab.

Complainant present in person.

**** RITU BAHRI, J. (Oral) Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.16 dated 16.02.2016, under Sections 406 and 498-A IPC, registered at Police Station Women, District Ludhiana, on the basis of compromise dated 27.05.2016 (Annexure P-2). Brief facts of the case are that the marriage of complainant was solemnized with petitioner No.1 Mohd. Shamshad on 09.02.2015. The allegations in the FIR are that the petitioners started beating, 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 Naresh Kumar 2016.10.19 09:57 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-20233-2016 -2respectable persons, vide compromise dated 27.05.2016 (Annexure P-2), Upon notice, complainant-Sakina Parveen (respondent No.2), who is present in Court, has filed her affidavit dated 04.10.2016, today in the Court and the same is taken on record.

As per her affidavit, the compromise has been affected between the parties with the intervention of the respectables on 27.05.2016, with her free will and without any pressure. 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.16 dated 16.02.2016, under Sections 406 and 498-A IPC, registered at Police Station Women, District Ludhiana and all the subsequent proceedings arising therefrom are hereby quashed on the basis of compromise dated 27.05.2016 (Annexure P-2). The present petition stands disposed of.

October 04, 2016 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2016.10.19 09:57 I attest to the accuracy and integrity of this document Chandigarh