High Court of Punjab and HaryanaCRM-M/38875/2016allowed

Gurmail Singh And Others v. State Of Punjab And Another

2017-01-10Mrs. Justice Raj Rahul Garg2 pages

CRM-M-38875-2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-38875-2016 Date of Decision:- 10.01.2017 Gurmail Singh and others ....Petitioners

Versus

State of Punjab and another ....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. G.S. Hayer, Advocate, for the petitioners.

Mr. APS Gill, AAG, Punjab.

Mr. A.S. Gill, Advocate for respondent No.2.

**** RITU BAHRI, J. (Oral) Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.90 dated 29.06.2014, under Sections 420, 427, 406, 495 and 494 IPC, registered at Police Station Kot Ise Khan, District Moga, on the basis of compromise dated 03.08.2016 (Annexure P-2). Brief facts of the case are that Jaspreet Singh son of petitioner Nos.1 and 2 had solemnized the marriage with Sandeep kaur (respondent No.2) without taking the divorce from his first wife and he has one girl child also from that marriage. The parents of the complainant had given dowry according to their capacity. After the marriage, the behavior of the accused became changed and they started beatings to the complainant on account of demand of dowry. Consequently, the F.I.R was registered against the petitioners.

Learned counsel for the petitioners submits that keeping in Naresh Kumar 2017.02.07 13:52 I attest to the accuracy and integrity of this document Chandigarh view the peace and harmony, the matter has now been amicably settled

CRM-M-38875-2016 -2between the parties with the intervention of respectable persons, vide compromise dated 03.08.2016 (Annexure P-2).

During 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 03.08.2016 (Annexure P-2), by way of order dated 27.10.2016, by this Court.

In compliance of order dated 27.10.2016 of this Court, the report of the Additional Chief Judicial Magistrate, Moga, dated 21.12.2016 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. Moreover, accused Jaspreet Singh had been declared proclaimed offender in the present case.

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.90 dated 29.06.2014, under Sections 420, 427, 406, 495 and 494, registered at Police Station Kot Ise Khan, Moga and all the subsequent proceedings arising therefrom qua petitioners are hereby quashed, on the basis of compromise dated 03.08.2016 (Annexure P-2). The present petition stands disposed of.

January 10, 2017 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2017.02.07 13:52 I attest to the accuracy and integrity of this document Chandigarh