High Court of Punjab and HaryanaCRM-M/23607/2016allowed

Hardilpreet Singh And ORS v. State Of Punjab And ANR

2017-05-30Mrs. Justice Raj Rahul Garg2 pages

CRM-M-23607-2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-23607-2016 Date of Decision:- 30.05.2017 Hardilpreet Singh and others ....Petitioners

Versus

State of Punjab and another ....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Narinder S. Lucky, Advocate, for the petitioners.

Ms. Manpreet Dhaliwal, AAG, Punjab.

**** RITU BAHRI, J. (Oral) Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.61 dated 10.06.2013, under Sections 406, 498-A and 120-B IPC, registered at Police Station Women, District Ludhiana, on the basis of compromise dated 18.04.2016 (Annexure P-2). Brief facts of the case are that marriage between petitioner No.1 and respondent No.2 was solemnized on 12.12.2006 as per Sikh Rites. After the marriage, the behavior of accused changed and they have started taunting the complainant for bringing less 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, the matter has now been amicably settled between the parties with the intervention of respectable persons, vide Naresh Kumar 2017.07.10 15:08 I attest to the accuracy and integrity of this document Chandigarh compromise dated 18.04.2016 (Annexure P-2).

CRM-M-23607-2016 -2During 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 18.04.2016 (Annexure P-2), by way of order dated 05.05.2017, by this Court.

In compliance of order dated 05.05.2017 of this Court, the report of the Judicial Magistrate 1st Class, Ludhiana, dated 20.05.2017 has been received. As per the report, the statements of petitioner Nos.1 and 3 and complainant have been recorded. Complainant has no objection, if the instant FIR, registered against the present petitioners is quashed. 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.61 dated 10.06.2013, under Sections 406, 498-A and 120-B IPC, registered at Police Station Women, District Ludhiana and all the subsequent proceedings arising therefrom qua petitioners are hereby quashed, on the basis of compromise dated 18.04.2016 (Annexure P-2).

The present petition stands allowed.

May 30, 2017 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2017.07.10 15:08 I attest to the accuracy and integrity of this document Chandigarh