High Court of Punjab and HaryanaCRM-M/7783/2017allowed

Preet Kanwar Singh & ORS v. State Of Punjab & ORS.

2017-04-18Mrs. Justice Raj Rahul Garg2 pages

CRM-M-7783-2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-7783-2017 Date of Decision:- 18.04.2017 Preet Kanwar Singh and others ....Petitioners

Versus

State of Punjab and others ....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. D.B. Snigh, Advocate for the petitioners.

Mr. APS Gill, AAG, Punjab.

Mr. Arunjit Kakkar, 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.66 dated 28.05.2016, under Sections 406 and 498-A IPC, registered at Police Station Women, District Ludhiana City, on the basis of compromise dated 27.02.2017 (Annexure P-2). Brief facts of the case are that marriage between petitioner No.1 and respondent No.2 was solemnized on 24.01.2015 as per Sikh Rites and Ceremonies at Ludhiana. 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/settlement dated 27.02.2017 (Annexure P-2). Naresh Kumar 2017.04.21 15:14 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-7783-2017 -2Pursuant to the above-said settlement, learned counsel for the petitioners has given a draft of `6,00,000/- to the learned counsel for the complainant/respondent No.2, today in the Court and all the conditions of the settlement have now been complied with.

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/settlement dated 27.02.2017 (Annexure P-2), by way of order dated 07.03.2017, by this Court.

In compliance of order dated 07.03.2017 of this Court, the report of the Judicial Magistrate 1st Class, Ludhiana, dated 12.04.2017 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.66 dated 28.05.2016, under Sections 406 and 498-A IPC, registered at Police Station Women, District Ludhiana City and all the subsequent proceedings arising therefrom are hereby quashed, on the basis of compromise dated 27.02.2017 (Annexure P-2). The present petition stands disposed of.

April 18, 2017 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2017.04.21 15:14 I attest to the accuracy and integrity of this document Chandigarh