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High Court of Punjab and HaryanaCRM-M/25443/2016allowed

Charanjit Singh v. State Of Punjab & ANR

2017-04-18Mrs. Justice Raj Rahul Garg2 pages

CRM-M-25443-2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-25443-2016 Date of Decision:- 18.04.2017 Charanjit Singh ....Petitioner

Versus

State of Punjab and another ....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. S.S. Narula, Advocate for the petitioner.

Mr. APS Gill, AAG, Punjab.

Mr. Raman Mahajan, 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.128 dated 19.07.2016, under Section 498-A IPC, registered at Police Station City Tarn Taran, District Tarn Taran along with all the consequent proceedings arising thereform. Petitioner and respondent No.2 were studying in the Regional Law College, Jalandhar affiliated to Guru Nanak Dev University from 19972000. They developed liking each other and got married on 16.11.2013 as per Sikh Rites at Jalandhar City. Petitioner was working as Deputy Manager with Bank of Punjab, Maksudan Branch, Jalandhar and complainant/respondent No.2 was working as a Lecturer with APJ College, Jalandhar. One son, namely, Abhayveer Singh, was born on 31.10.2015 from the said wedlock. Thereafter, respondent No.2 appeared in the PCS Naresh Kumar 2017.04.21 15:14 I attest to the accuracy and integrity of this document Chandigarh Judicial Exams and was got selected as Judge and is being posted at various

CRM-M-25443-2016 -2places. Thereafter, the behavior of accused changed and he started harassing 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 the F.I.R was registered against the petitioner.

Today, learned counsel for the petitioner has placed on record the certified copies of the statements made by the petitioner as well as of respondent No.2 in a petition under Section 13-B of the Hindu Marriage Act, 1955 and also placed on record a copy of judgment dated 20.03.2017, passed by the Additional District Judge, SAS Nagar, Mohali whereby the decree of divorce has been granted by mutual consent. As per the statement made by respondent No.2, she has decided to resolve the dispute with the petitioner and has also decided to cooperate in quashing of the FIR. Learned counsel appearing for the respondent No.2 is not disputing the above-said statement made by respondent No.2 and has also acknowledged the factum of compromise.

Keeping in view the above statement made by respondent No.2 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 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.128 dated 19.07.2016, under Section 498-A IPC, registered at Police Station City Tarn Taran, District Tarn Taran along with all the consequent proceedings arising thereform are hereby quashed. The present petition stands disposed of.

April 18, 2017 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2017.04.21 15:14 I attest to the accuracy and integrity of this document Chandigarh