High Court of Punjab and HaryanaCRM-M/28836/2016allowed

Rajiv And ORS. v. State Of Punjab And ANR.

2016-12-22Mrs. Justice Raj Rahul Garg2 pages

Crl. Misc. No. M-28836 of 2016

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Crl. Misc. No. M-28836 of 2016 Date of decision : 22.12.2016 Rajiv and ors.

......Petitioners versus State of Punjab and anr.

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Ashish Gupta, Advocate for the petitioners Mr. A.P.S. Gill, AAG, Punjab Mr. Deepak Jain, Advocate for respondent No. 2 **** RITU BAHRI , J. (Oral) Quashing of FIR No. 07 dated 23.01.2016 under Sections 306/406/498-A IPC, registered at Police Station Women Cell, District Patiala, is being sought on the basis of compromise deed dated 21.07.2016 (Annexure P-2).

Daughter of respondent No. 2 got married to petitioner No. 1 in the year 2006. Due to temperamental differences, both the parties could not live together as husband and wife. No child was born out of this wedlock. The relationship between them became strained F.I.R was registered against the petitioners on account of bringing less dowry and harassment caused by the petitioners. Further allegation is that due to harassment caused by the petitioners, daughter of respondent No. 2 made an attempt to commit suicide.

However, the matter has now been duly compromised, vide compromise deed dated 21.07.2016 (Annexure P-2). GAURAV ARORA 2017.01.10 11:04 I attest to the accuracy and integrity of this document Chandigarh

Crl. Misc. No. M-28836 of 2016 In compliance of order dated 17.10.2016, report dated 30.11.2016 of Judicial Magistrate 1st Class, Patiala, has been received in this regard. As per report, statement of parties have been recorded. Complainant stated that the matter stands compromised between the parties with the intervention of respectable of the village He does not want to proceed further against the accused and has no objection, if the present F.I.R be quashed against the petitioners. The compromise has been entered voluntarily. To the same effect is the joint statement given by the petitioners.

Consequently, in view of the status report dated 30.11.2016 and in view of the judgment of the Hon'ble Supreme Court in the case of Dr. Arvind Barsaul etc. versus State of Madhya Pradesh and another 2008(2) RCR (Criminal) 910, n view of the judgment of the Hon'ble Supreme Court in the case of Madan Mohan Abbot vs. State of Punjab 2008(2) RCR (Criminal) 429, 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. 07 dated 23.01.2016 under Sections 306/406/498-A IPC, registered at Police Station Women Cell, District Patiala, is quashed along with all consequential proceedings arising therefrom qua petitioners.

The petition stands disposed of.

22.12.2016 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No GAURAV ARORA 2017.01.10 11:04 I attest to the accuracy and integrity of this document Chandigarh