Bharat Bhushan And Others v. State Of Punjab And Another

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-22400-2019 (O&M) Date of Decision:-29.11.2019 Bharat Bhushan and others ... Petitioners

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Premjit S. Hundal, Advocate for the petitioners. Ms. Ruchika Sabherwal, Assistant Advocate General, Punjab. ***** GURVINDER SINGH GILL, J .(Oral) 1.

The petitioners have approached this Court seeking quashing of FIR No.62 dated 22.5.2018 registered at Police Station City, Rajkot, District Ludhiana (Rural) under Sections 341, 323, 506, 354 and 120-B of Indian Penal Code and all subsequent proceedings arising therefrom inter alia on the following grounds:

(i) that the present FIR is basically an outcome of matrimonial discord between the complainant Sunanda Verma and her husband Varinder Kumar with whom her marriage already stands dissolved; (ii) that a false FIR has been lodged and the falsity of the allegations particularly the allegation that the complainant that she had been threatened when she went to the Court on one of the hearings in respect of her another case, would be evident from the fact that complainant never reported the said matter before the Trial Court where the said other case was pending;

PANKAJ KAKKAR 2019.11.29 17:55 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-22400-2019 (O&M) (iii)that the conduct of the complainant is evident from the fact that previously she had entered into a compromise for getting quashed the earlier FIR i.e. FIR No.170 dated 19.10.2017 registered at Police Station Raikot, District Ludhiana Rural under Sections 406 and 498-A of Indian Penal Code, on the basis of compromise but subsequently after receiving the agreed amount of `7.50 lacs, she tried to back out from the compromise, constraining her husband and others to approach this Court seeking quashing of the FIR, which was accepted by this Court while noticing that the complainant had already taken the agreed amount, which had been settled for the purpose of quashing the FIR and getting their marriage dissolved.

2.

After arguing briefly before this Court, the learned counsel for the petitioners submitted that he may be permitted to withdraw this petition with liberty to apprise the Investigating Officer about the aforesaid facts since the investigation is still pending.

3.

In view of the aforesaid submission, the present petition is dismissed as withdrawn with liberty to the petitioners to apprise the Investigating Officer of the aforesaid facts. The Investigating Officer shall look into all the aspects before finalizing the report under Section 173 Cr.P.C., while satisfying himself regarding the veracity of allegations and to rule out the possibility of false implication.

4.

A copy of this order be sent to the Senior Superintendent of Police, Ludhiana (Rural) for necessary compliance.

29.11.2019 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No PANKAJ KAKKAR 2019.11.29 17:55 I attest to the accuracy and integrity of this document