Nirmal Kaur And ORS v. State Of Punjab & ANR

Crl. Misc. No. M-41245 of 2015 (O&M)

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Crl. Misc. No. M-41245 of 2015 (O&M) Date of decision : 09.11.2016 Nirmal Kaur & others ......Petitioners versus State of Punjab and anr.

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. K.S. Dadwal, Advocate for the petitioners Mr. A.P.S. Gill, A.A.G. Punjab Mr. S.S. Rangi, Advocate for respondent No. 2 **** RITU BAHRI , J. (Oral) Quashing of FIR No. 04 dated 18.02.2014 under Sections 406/498-A/506 IPC, registered at Police Station NRI Wing, S.A.S Nagar, District Mohali, is being sought on the basis of compromise deed dated 24.09.2015 (Annexure P-2 ).

Respondent No. 2 got married to petitioner No. 2 on 30.12.2012. Due to temperamental differences, both the parties could not live together as husband and wife. 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. However, the matter has now been duly compromised, vide compromise deed dated 24.09.2015 (Annexure P-2 ). This Court vide order dated 18.02.2016 directed the parties to get their statement recorded.

However, their statement has not been recorded so far. But GAURAV ARORA 2016.11.16 10:26 I attest to the accuracy and integrity of this document

Crl. Misc. No. M-41245 of 2015 (O&M) today, the complainant is present in the Court and has filed her affidavit dated 09.11.2016 stating therein that she has compromised the matter with the accused persons and has no objection if the F.I.R be quashed against them.

Similarly, Nirmal Kaur (mother of Kulwant Singh) is present in the Court and has filed her affidavit stating therein that as per compromise, respondent No. 2 had received all the amount as well as jewellery and decree of divorce has also been granted to Kulwant Singh and Milanpreet Kaur, vide judgment and decree dated 14.07.2016 In view of the above affidavits filed by the complainant and Nirmal Kaur (mother of petitioner No. 2 being special power of attorney), the compromise has been entered voluntarily. A photocopy of special power of attorney has also been attached with the affidavit by Nirmal Kaur Consequently, in view of the affidavits dated 09.11.2016 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. 04 dated 18.02.2014 under Sections 406/498-A/506 IPC, registered at Police Station NRI Wing, S.A.S Nagar, District Mohali, is quashed along with all consequential proceedings arising therefrom qua petitioners.

The petition stands disposed of.

09.11.2016 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No GAURAV ARORA 2016.11.16 10:26 I attest to the accuracy and integrity of this document