High Court of Punjab and HaryanaCRM-M/29471/2015allowed

Vijay Kumar And ORS v. State Of Punjab And ORS

2016-08-08Mrs. Justice Raj Rahul Garg2 pages

Crl. Misc. No. M-29471 of 2015

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Crl. Misc. No. M-29471 of 2015 Date of decision : 08.08.2016 Vinay Kumar and others ......Petitioners versus State of Punjab & anr.

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Madhav Pkhrel, Advocate for the petitioners Mr. A.P.S. Gill, A.A.G. Punjab **** RITU BAHRI , J. (Oral) Quashing of FIR No. 53 dated 25.05.2013 under Sections 406/498-A/120-B IPC, registered at Police Station B Division Azad Nagar, Amritsar, is being sought on the basis of compromise dated 16.08.2014 (Annexure P2).

Respondent No. 2 got married to petitioner No. 1 on 12.05.2007. Due to temperamental differences, both the parties could not live together as husband and wife. One daughter was born out of this wedlock on 09.05.2008, which is living with the mother. The relationship between them became strain and thereafter, the F.I.R was registered against the petitioners on account of bringing less dowry and harassment caused by the petitioners and his family members.

However, the matter has now been duly compromised, vide compromise deed dated 16.08.2014 (Annexure P2). In compliance of order dated 01.09.2015, report of Judicial GAURAV ARORA 2016.08.17 10:37 I attest to the accuracy and integrity of this document

Crl. Misc. No. M-29471 of 2015 Magistrate Ist Class, Amritsar has been received in this regard. As per report, statement of complainant has been recorded to the effect that she has compromised the matter with the accused persons and she has no grudge against the accused. A joint petition under Section 13-B of the Hindu Marriage Act has also been filed for dissolution of marriage, which was decreed. All the terms and conditions were mentioned in that petition. She does not want to proceed further against the accused and has no objection, if the present F.I.R be quashed against the petitioners. Separate statement of petitioners have been recorded to the same effect. The compromise has been entered voluntarily.

Consequently, in view of the status report 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, no useful purpose would be served in prolonging the litigation. Accordingly, FIR No. 53 dated 25.05.2013 under Sections 406/498-A/120-B IPC, registered at Police Station B Division Azad Nagar, Amritsar, is quashed along with all consequential proceedings arising therefrom qua petitioners.

The petition stands disposed of.

08.08.2016 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No GAURAV ARORA 2016.08.17 10:37 I attest to the accuracy and integrity of this document