Avtar Singh And ANR v. State Of Punjab And ANR

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 1.

Crl. Misc. No. M-43428 of 2016 Avtar Singh & anr.

....Petitioners versus State of Punjab and anr.

...Respondents

2.

Crl. Misc. No. M- 6440 of 2017 Amandeep Singh ....Petitioner versus State of Punjab and anr.

...Respondents

Date of decision : 17.04.2017

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Vishal Munjal, Advocate for the petitioner in both cases Mr. A.P.S. Gill, AAG, Punjab Mr. A.D. Sethi, Advocate for respondent No. 2 in both cases **** RITU BAHRI , J. (Oral) This order shall dispose of the above two petitions as common question of law and facts are involved in these petitions wherein prayer is for quashing of F.I.R No. 138 dated 15.09.2014, under Sections 498A/406/201 IPC, registered at Women Police Station, Patiala. Petitioner-Amanpreet Singh performed marriage with Simran Kaur-complainant on 30.10.2010. One female child was born out of this

-2wedlock in U.K on 30.07.2013. Due to temperamental differences, F.I.R has been registered by the complainant against all the family members with regard to demand of dowry and cruelty.

However, the matter has now been duly compromised, in a petition under Section 13-B of the Hindu Marriage Act, In compliance of order dated 05.12.2016 (in CRM-M-434282016) and 01.03.2017 ( in CRM-M-6440-2017), reports dated 25.01.2017 and 06.04.2017 of Judl. Magistrate 1st Class, Patiala have been received in this regard. As per report, statement of the complainant and petitioners in in CRM-M-43428-2016 have been recorded. The complainant stated that the matter stands compromised between the parties and she does not want to proceed further against the accused and has no objection, if the present F.I.R be quashed against the petitioners. The compromise has been entered voluntarily. To the same effect is the joint statement given by the petitioners in CRM-M-43428-2016. Further statement of Avtar Singh (special general power of attorney of accused Amandeep Singh) was recorded separately to the effect that his son is residing in London and the matter has been duly compromised between the parties and the compromise has been effectd out of their own free will.

Consequently, in view of the status report dated 25.01.2017 and 06.04.2017 and in view of the judgment of the Hon'ble Supreme Court in the case of 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

-32007(3) RCR (Crl.) 1052, as no useful purpose would be served in prolonging the litigation.

Accordingly, F.I.R No. 138 dated 15.09.2014, under Sections 498-A/406/201 IPC, registered at Women Police Station, Patiala, is quashed along with all consequential proceedings arising therefrom qua petitioners. The petitions stand disposed of.

17.04.2017 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No