High Court of Punjab and HaryanaCRM-M/8570/2017allowed

Amrinder Singh And ORS. v. State Of Punjab And ANR.

2017-05-30Mrs. Justice Raj Rahul Garg2 pages

CRM-M-8570-2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-8570-2017 Date of Decision:- 30.05.2017 Amrinder Singh and others ....Petitioners

Versus

State of Punjab and another ....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Atul Goyal, Advocate, for the petitioners.

Ms. Manpreet Dhaliwal, AAG, Punjab.

None for respondent No.2.

**** RITU BAHRI, J. (Oral) Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.235 dated 25.11.2015, under Sections 406, 498-A, 506 and 120-B IPC, registered at Police Station Machhiwara, District Khanna, on the basis of compromise/divorce petition (Annexure P-3). Brief facts of the case are that marriage between petitioner No.1 and respondent No.2 was solemnized on 18.02.2014, as per Sikh Rites and Ceremonies. After the marriage, the behavior of accused changed and they have started giving beatings to respondent No.2. Due to incompatibility of temperament, both the parties could not live together as husband and wife. The relationship between them became strained and the present FIR has been 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 Naresh Kumar 2017.07.07 16:03 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-8570-2017 -2between the parties with the intervention of respectable persons, vide compromise/divorce petition (Annexure P-3).

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/divorce (Annexure P-3), by way of order dated 04.05.2017, by this Court. In compliance of order dated 04.05.2017 of this Court, the report of the Judicial Magistrate 1st Class, Samrala dated 26.05.2017 has been received. As per the report, the statement of petitioner No.1 has been recorded through his special power of attorney, namely, Harjinder Kaur daughter of Joginder Kaur and statements of all other concerned parties have also been recorded separately. The complainant has no objection, if the present FIR, registered against the petitioners is quashed.

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.235 dated 25.11.2015, under Sections 406, 498-A, 506 and 120-B IPC, registered at Police Station Machhiwara, District Khanna and all the subsequent proceedings arising therefrom qua petitioners are hereby quashed on the basis of compromise arrived between the parties.

The present petition stands disposed of.

May 30, 2017 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2017.07.07 16:03 I attest to the accuracy and integrity of this document Chandigarh