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High Court of Punjab and HaryanaCRM-M/26024/2016allowed

Malkiat Masiah And ANR v. Meenu

2017-04-26Mrs. Justice Raj Rahul Garg2 pages

CRM-M-26024-2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-26024-2016 Date of Decision:- 26.04.2017 Malkiat Masiah @ Meeta and another ....Petitioners

Versus

Meenu ....Respondent

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Anoop Verma, Advocate for the petitioners.

Mr. Paramdeep Singh, Advocate for the respondent.

**** RITU BAHRI, J. (Oral) Present petition has been filed under Section 482 Cr.P.C. for quashing of complaint No.100 dated 22.05.2013, filed under Sections 498-A, 406 and 506 IPC before the Court learned Judicial Magistrate 1st Class, Ludhiana and order dated 09.02.2015 (Annexure P-2), on the basis of compromise deed and affidavit dated 27.05.2016 (Annexures P-3 and P-4). Brief facts of the case are that marriage between petitioner No.1 and the respondent No.2 was solemnized in the year 2004 as per Christian rites and Ceremonies at Ludhiana. The parents of the complainant had given dowry according to their capacity. After the marriage, the behavior of accused changed and they have started giving beatings to the respondent. Due to incompatibility of temperament, both the parties could not live together as husband and wife.

The relationship between them became strained and the present complaint has been filed against the petitioners. Learned counsel for the petitioners submits that keeping in view the peace and harmony, the matter has now been amicably settled Naresh Kumar 2017.04.

CRM-M-26024-2016 -2between the parties with the intervention of respectable persons, vide compromise deed and affidavit dated 27.05.2016 (Annexures P-3 and P-4). 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 deed and affidavit dated 27.05.2016 (Annexures P-3 and P-4)., by way of order dated 22.12.2016, by this Court.

In compliance of order dated 22.12.2016 of this Court, the report of the Judicial Magistrate 1st Class, Ludhiana, dated 29.03.2017 has been received. As per the report, the statements of all the concerned parties have been recorded and the complainant has no objection, if the present complaint, filed against the petitioners is quashed. Statements of the petitioners and the respondent have been recorded to the same effect. 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, complaint No.100 dated 22.05.2013, filed under Sections 498-A, 406 and 506 IPC before the Court learned Judicial Magistrate 1st Class, Ludhiana and order dated 09.02.2015 (Annexure P-2) and all the subsequent proceedings arising therefrom qua petitioners are hereby quashed on the basis of compromise deed and affidavit dated 27.05.2016 (Annexures P-3 and P-4).

The present petition stands disposed of.

April 26, 2017 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2017.04.27 16:41 I attest to the accuracy and integrity of this document Chandigarh