High Court of Punjab and HaryanaCRM-M/5487/2016allowed

Balwan Das & ORS v. State Of Punjab & ANR

2016-11-21Mrs. Justice Raj Rahul Garg2 pages

CRM-M-5487-2016 --1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-5487-2016 Date of Decision:- 21.11.2016 Balwan Das and others ....Petitioners

Versus

State of Punjab and another ....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Jagraj Singh Khiva, Advocate, for the petitioners. Mr. APS Gill, AAG, Punjab.

Mr. S.S. Grewal, 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.69 dated 29.08.2012, under Section 498-A IPC, registered at Police Station Bareta, District Mansa, on the basis of compromise dated 30.11.2015 (Annexure P-2).

Brief facts of the case are that the marriage of complainant was solemnized with petitioner No.1 Balwan Das on 16.11.2008. Thereafter, 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 30.11.2015 (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 Naresh Kumar 2016.11.30 14:41 I attest to the accuracy and integrity of this document Chandigarh to the genuineness and validity or otherwise of the compromise dated

CRM-M-5487-2016 --230.11.2015 (Annexure P-2), by way of order dated 15.02.2016, by this Court.

In compliance of order dated 15.02.2016 of this Court, the report of the Judicial Magistrate 1st Class, Budhlada dated 11.05.2016 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. 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.69 dated 29.08.2012, under Section 498-A IPC, registered at Police Station Bareta, District Mansa and all the subsequent proceedings arising therefrom are hereby quashed, on the basis of compromise dated 30.11.2015 (Annexure P-2). The present petition stands disposed of.

November 21, 2016 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2016.11.30 14:41 I attest to the accuracy and integrity of this document Chandigarh