High Court of Punjab and HaryanaCRM-M/28715/2016allowed

Amarjit Singh & ORS v. State Of Punjab & ANR

2017-02-15Mrs. Justice Raj Rahul Garg2 pages

CRM-M-28715-2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-28715-2016 Date of Decision:- 15.02.2017 Amarjit Singh and others ....petitionerss

Versus

State of Punjab and another ....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. V.K. Sandhir, Advocate, for the petitioners.

Ms. Manpreet Dhaliwal, AAG, Punjab.

Mr. Kushagra 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.258 dated 28.07.2014, under Sections 406 and 498-A IPC, registered at Police Station Chherretta, District Amritsar, on the basis of compromise/joint statement (Annexure P-2). Brief facts of the case are that the marriage of petitioner No.1 was solemnized with respondent No.2 on 05.12.2010 as per Sikh Rites and Ceremonies. The parents of the complainant had given dowry according to their capacity. Thereafter, 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, vide compromise/joint statement (Annexure P-2). Naresh Kumar 2017.02.16 16:49 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-28715-2016 -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/joint statement (Annexure P-2), by way of order dated 26.10.2016 , by this Court. In compliance of order dated 26.10.2016 of this Court, the report of the Judicial Magistrate 1st Class, Amritsar, dated 13.02.2017 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 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.258 dated 28.07.2014, under Sections 406 and 498-A IPC, registered at Police Station Chherretta, District Amritsar and all the subsequent proceedings arising therefrom are hereby quashed, on the basis of compromise/joint statement (Annexure P-2). The present petition stands disposed of.

February 15, 2017 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2017.02.16 16:49 I attest to the accuracy and integrity of this document Chandigarh