High Court of Punjab and HaryanaCRM-M/20276/2016allowed

Satnam Singh v. State Of Punjab And ANR.

2016-12-17Mrs. Justice Raj Rahul Garg2 pages

CRM-M-20276-2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-20276-2016 Date of Decision:- 17.12.2016 Satnam Singh ....Petitioner

Versus

State of Punjab and another ....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. G.S. Jagpal, Advocate, for the petitioner.

Mr. APS Gill, AAG, Punjab.

Mr. Simranjeet Singh Sarwara, Advocate for respondent No.2.

**** RITU BAHRI, J. (Oral) Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.196 dated 16.12.2014, under Sections 498-A and 494 IPC, registered at Police Station Mukerian, District Hoshiarpur, on the basis of compromise dated 20.05.2016 (Annexure P-2). As per the allegations in the FIR, petitioner Satnam Singh has solemnized the marriage with Sukhwinder Kaur without taking the divorce from his first wife and he has one girl child also. Learned counsel for the petitioner submits that keeping in view the peace and harmony, the matter has now been amicably settled between the parties, vide compromise dated 20.05.2016 (Annexure P-2) and they have decided to live together as husband and wife. During the course of preliminary hearing, the trial Court, was directed to record the statements of all the concerned parties, with regard to the genuineness and validity or otherwise of the compromise dated Naresh Kumar 2016.12.23 15:14 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-20276-2016 -220.05.2016 (Annexure P-2), by way of order dated 03.10.2016, by this Court.

In compliance of order dated 03.10.2016 of this Court, the report of the Addl. Civil Judge (Sr. Div.)-cum-SDJM, Mukerina, dated 16.11.2016 has been received. As per the report, the statement of complainant has been recorded and she has no objection, if the present FIR registered against the petitioner is quashed. Statements of the complainant and petitioner has been recorded to the same effect. Consequently, in view of the above-said statements 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.196 dated 16.12.2014, under Sections 498-A and 494 IPC, registered at Police Station Mukerian, District Hoshiarpur and all the subsequent proceedings arising therefrom are hereby quashed, on the basis of compromise dated 20.05.2016 (Annexure P-2). The present petition stands disposed of.

December 17, 2016 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2016.12.23 15:14 I attest to the accuracy and integrity of this document Chandigarh