High Court of Punjab and HaryanaCRM-M/25692/2016allowed

Premjit Singh & ORS v. State Of Punjab & ANR

2016-09-23Mrs. Justice Raj Rahul Garg2 pages

CRM-M-25692-2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-25692-2016 Date of Decision:- 23.09.2016 Premjit Singh and others ....Petitioners

Versus

State of Punjab and another ....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. G.S. Toor, Advocate for the petitioners.

Mr. J.S. Riar, AAG, Punjab.

Mr. G.S. Jagpal, Advocate for respondent No.2.

**** RITU BAHRI, J. (Oral) The present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.118 dated 06.12.2008 under Sections 498-A, 323 and 34 IPC, registered at Police Station Dhanaula, District Barnala, and all the subsequent proceedings arising therefrom, on the basis of compromise dated 01.07.2016 (Annexure P-2).

Brief facts of the case are that marriage of petitioner No.1 with respondent No.2 took place on 01.02.2004, as per Sikh Rites. One daughter, namely, Tamanna alias Kriti was born from this wedlock. Due to temperamental differences, both the parties could not live together as husband and wife. The relationship between them became strained and they got divorce by mutual consent, vide judgment dated 01.07.2010, passed by learned District Judge, Ludhiana. Custody of daughter was agreed to be Naresh Kumar 2016.10.03 10:04 I attest to the accuracy and integrity of this document Chandigarh given to respondent No.1.

CRM-M-25692-2016 -2Learned 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, vide compromise deed dated 01.07.2016 (Annexure P-2).

Upon notice, affidavit has been filed on behalf of respondent No.2, today in the Court and the same is taken on record. As per affidavit of respondent No.2, she has compromised the matter with the petitioners 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.118 dated 06.12.2008 under Sections 498-A, 323 and 34 IPC, registered at Police Station Dhanaula, District Barnala and all the subsequent proceedings arising therefrom are hereby quashed on the basis of compromise deed dated 01.07.2016 (Annexure P-2). The present petition stands disposed of.

September 23, 2016 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2016.10.03 10:04 I attest to the accuracy and integrity of this document Chandigarh