High Court of Punjab and HaryanaCRM-M/3422/2017allowed

Gurjit Singh & ORS v. State Of Punjab & ANR

2017-03-17Mrs. Justice Raj Rahul Garg2 pages

CRM-M-3422-2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-3422-2017 Date of Decision:- 17.03.2017 Gurjit Singh and others ....Petitioners

Versus

State of Punjab and another ....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Mohinder Kumar, Advocate for the petitioners.

Ms. Anmol Grewal, DAG, Punjab.

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.64 dated 30.06.2016, under Sections 376, 498-A, 120-B IPC, registered at Police Station Naya Gaon, District SAS Nagar (Mohali), Punjab, on the basis of compromise dated 01.10.2016 (Annexure P-2).

Brief facts of the case are that it was second marriage of petitioner No.1 and respondent No.2 and both were divorcee. After the marriage, the behavior of accused changed and they have started giving beatings to the complainant. 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 with the intervention of respectable persons, vide compromise dated 01.10.2016 (Annexure P-1).

Naresh Kumar 2017.03.22 11:27 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-3422-2017 -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 01.10.2016 (Annexure P-1), by way of order dated 02.02.2017, by this Court.

In compliance of order dated 02.02.2017 of this Court, the report of the Judicial Magistrate 1st Class, Kharar, dated 07.03.2017 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 FIR registered against the petitioners is quashed. Statements of the petitioners and complainant 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, FIR No.64 dated 30.06.2016, under Sections 376, 498-A, 120-B IPC, registered at Police Station Naya Gaon, District SAS Nagar (Mohali), Punjab and all the subsequent proceedings arising therefrom are hereby quashed, on the basis of compromise dated 01.10.2016 (Annexure P-2).

The present petition stands disposed of.

March 17, 2017 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2017.03.22 11:27 I attest to the accuracy and integrity of this document Chandigarh