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

Crl. Misc. No. M-9996 of 2017 -1In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-9996 of 2017 Date of Decision: 10.9.2018 Chamkaur Singh and others ......Petitioners

Versus

State of Punjab and another ......Respondents CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY

Present:

Mr. G.S.Toor, Advocate for the petitioners.

Mr. Jagmohan Ghumman, DAG, Punjab.

Mr. Munish Bhardwaj, Advocate for respondent No. 2.

**** ANITA CHAUDHRY, J (ORAL) The instant petition is for quashing of FIR No. 78 dated 13.10.2014 registered under Sections 498-A, 406 IPC, Police Station Bhadaur, District Barnala (Annexure P-1) and all the consequent proceedings arising out of the same, on the basis of decree of divorce by mutual consent dated 29.7.2016 (Annexure P-2). Limited notice was given to explore the possibility of amicable settlement.

The parties had already obtained mutual divorce. On the previous date, counsel for respondent No. 2 had stated that respondent No. 2 had no objection if the FIR was quashed. They were asked to file an affidavit and produce documents relating to her identity. Copy of the Aadhar Card has been placed on record which is signed by respondent No. 2 today in the Court. Respondent No. 2 had sworn GURPREET SINGH 2018.09.17 14:03 I attest to the accuracy and authenticity of this document chandigarh

Crl. Misc. No. M-9996 of 2017 -2an affidavit that she has no objection if the FIR is quashed. Since the parties have settled their dispute, no useful purpose would be served to keep the FIR pending.

In view of the mutual settlement arrived at between the parties and the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052, approved by Hon'ble Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, the instant petition is allowed and the aforesaid FIR and all consequent proceedings conducted on the basis thereof are quashed qua the petitioners. Needless to say that parties shall remain bound by the terms of compromise.

(ANITA CHAUDHRY) JUDGE September 10, 2018 Gurpreet Whether speaking/reasoned :

Yes Whether reportable :

No GURPREET SINGH 2018.09.17 14:03 I attest to the accuracy and authenticity of this document chandigarh