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High Court of Punjab and HaryanaCRM-M/33996/2016allowed

Ravi Kumar Arora And ORS. v. State Of Punjab & ANR

2017-03-31Mrs. Justice Raj Rahul Garg2 pages

CRM-M-33996-2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-33996-2016 Date of Decision:- 31.03.2017 Ravi Kumar Arora and others ....Petitioners

Versus

State of Punjab and another ....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI Present:- None for the petitioners.

H.C. Sohan Lal, for the State. present in person. None for respondent No.2.

**** RITU BAHRI, J. (Oral) Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.51 dated 18.05.2016, under Sections 406 and 498-A IPC, registered at Police Station Women Cell, Jalandhar, District Jalandhar, on the basis of compromise dated 24.05.2016 (Annexure P-2). Brief facts of the case are that marriage between petitioner No.1 and complainant-respondent No.2 was solemnized on 15.10.2010 as per Sikh Religious. The parents of the complainant had given dowry according to their capacity. 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.

In the present case the matter has been amicably settled between the parties with the intervention of respectable persons, vide compromise dated 24.05.2016 (Annexure P-2).

Naresh Kumar 2017.04.07 17:23 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-33996-2016 -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 dated 24.05.2016 (Annexure P-2), by way of order dated 23.09.2016, by this Court.

As per report sent by the Sessions Judge, Jalandhar, the parties did not appear to get the statements recorded. Vide order dated 17.11.2016, both the parties were directed to appear before the Mediation Centre of this Court on 30.11.2016. As per report of the Mediator dated 15.03.2017, the parties have settled their disputes by way of amicable settlement/agreement dated 15.03.2017 and the complainant 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.51 dated 18.05.2016, under Sections 406 and 498-A IPC, registered at Police Station Women Cell, Jalandhar, District Jalandhar and all the subsequent proceedings arising therefrom are hereby quashed, on the basis of amicable settlement/agreement dated 15.03.2017. The present petition stands disposed of.

March 31, 2017 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2017.04.07 17:23 I attest to the accuracy and integrity of this document Chandigarh