Amandeep Singh v. State Of Punjab And ORS

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 11.04.2023 Amandeep Singh ...... Petitioner V/S State of Punjab and Ors.

..... Respondents CORAM :

HON'BLE MS. JUSTICE AMARJOT BHATTI

Present:

Mr.D.S.Adlakha, Advocate for the petitioner.

Mr. Mohinder Singh Joshi, Additional A.G. Punjab. Mr. Nagar Singh, Advocate for the complainant. **** AMARJOT BHATTI J. (ORAL) CRM-43628-2022 This is an application u/s 482 Cr.P.C. for placing on record Annexure P-4.

For the reasons stated in the application, the same is allowed. The accompanying document as Annexure P-4 is taken on record. CRM-M- 21781-2022 The petitioner- Amandeep Singh has filed the instant petition under Section 482 of Cr.P.C. for quashing of FIR No.25 dated 30.01.2019, under Sections 498-A, 406, 323 of IPC, registered at Police Station Dera Bassi, District SAS Nagar and all other subsequent proceedings on the basis of compromise between the parties dated 10.02.2022 (Annexure P-2).

-2As per the facts of the case, the complainant - Priyanka filed a written complaint against her husband-Amandeep Singh for raising demand of dowry and beating her. She alleged that she got married with Amandeep Singh on 14.11.2016. She was given household articles, gold ornaments as detailed in the FIR. She was kept nicely for about 4-5 months and thereafter her husband started harassing her on account of demand of dowry. He even gave beating to her. She was left in her parental house by telling her to bring more dowry and then only she can come to the matrimonial home. His family used to behave properly for some time and again they used to send her back. The complainant has narrated various incidents levelling such like allegations. Her husband also threatened to commit suicide.

Ultimately, she came to her parental house and thereafter he never came to take her back. Ultimately, the present FIR has been registered. The petitioner filed this petition for the quashing of aforesaid FIR on the basis of compromise. The petitioner and respondents No.2 to 4 were directed to appear before the trial Court/Illaqa Magistrate for recording their statements on the basis of compromise. The detailed report regarding compromise has been received from the court of Sub Divisional Judicial Magistrate, Dera Bassi dated 13.01.2023. The statements of respondent Nos.2 to 4 have been recorded, where they confirmed the compromise with the petitioner. They confirmed that this compromise has been effected without any pressure, coercion from any side and they have no objection regarding quashing of FIR.

The petitioner-Amandeep Singh also confirmed this fact in his separate statement. The statement of ASI Kuldeep Singh is also recorded who further confirmed that the accused is neither involved in any other case nor has been declared as proclaimed offender.

-3Therefore, from the report of Sub Divisional Judicial Magistrate, Dera Bassi, it is clear that the compromise has been effected between the parties without any pressure, coercion or undue influence, which is acceptable to both the parties. They have mutually settled all their matrimonial disputes. They have also filed joint petition under Section 13-B of Hindu Marriage Act in which decree of divorce has been granted on 18.08.2022. They will be able to live in peace and harmony. No purpose would be served with the continuation of criminal proceedings Therefore considering these facts the petition filed by the petitioner is accepted and FIR No.25 dated 30.01.2019, under Sections 498-A, 406, 323 of IPC, registered at Police Station Dera Bassi, District SAS Nagar and the consequential proceedings arising therefrom are quashed. Accordingly, the present petition stands accepted. (AMARJOT BHATTI ) JUDGE 11.04.2023.

Sunil Devi Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No