Inderjeet Kaur And Others v. Ut Chandigarh And Another

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 11.04.2023 Inderjeet Kaur and Ors.

...... Petitioners V/S UT Chandigarh and Anr.

..... Respondents CORAM :

HON'BLE MS. JUSTICE AMARJOT BHATTI

Present:

Mr.Gursharan Singh, Advocate for the petitioners.

Mr. Rajiv Vij, APP, UT, Chandigarh.

Ms. Amarjit Kaur, Advocate for respondent No.2. **** AMARJOT BHATTI J. (ORAL) The petitioners-Inderjeet Kaur, Amardeep Kaur and Maninderpal Singh have filed the instant petition under Section 482 of Cr.P.C. for quashing of FIR No.0084 dated 28.06.2019, under Section 406, 498-A of IPC, registered at Women Police Station Chandigarh and all other subsequent proceedings on the basis of compromise between the parties dated 26.09.2022 (Annexure P-2). As per the facts of the case, the complainant -Paramjit Kaur filed a written complaint against her husband and in-laws family alleging that she was married to Maninder Pal Singh on 25.09.2017. Her parents had given dowry beyond their capacity. Before marriage, her in-laws family started pressurizing for early marriage. Her family took loan to make arrangement for marriage. Every

-2time her in-laws used to raise new demand and she was told not to return matrimonial home unless their demand was satisfied. Her father-in-law is also residing in America and is a permanent citizen of that country. Her mother-in-law Inderjit Kaur is also planning to travel to America. She has come to know that they will not return back. They are also searching for another girl to re-marry their son. She is residing in her parental house. She has also come to know that her husband is having serious health issues which were not disclosed at the time of marriage. Her in-laws are raising demand of huge amount of Rs.5 lacs. She is residing in her parental house since 05.03.2018. After enquiry, the present FIR has been registered.

The petitioners filed this petition for the quashing of aforesaid FIR on the basis of compromise. The petitioners and respondent No.2 were directed to appear before the trial Court/Illaqa Magistrate for recording their statements on the basis of compromise. The detailed report regarding compromise has been received from the court of Judicial Magistrate 1st Class, Chandigarh dated 28.10.2022. The statement of respondent No.2 has been recorded, where she confirmed the compromise with the petitioners. She confirmed that this compromise has been effected without any pressure, coercion from any side and she has no objection regarding quashing of FIR.

The petitioners- Inderjeet Kaur, Amardeep Kaur and Maninderpal Singh have also confirmed this fact in their separate statement. The statement of ASI Jagpal Singh is also recorded who further confirmed that the accused are neither involved in any other case nor have been declared as proclaimed offenders. Therefore, from the report of Judicial Magistrate 1st Class, Chandigarh, it is clear that the compromise has been effected between the parties

-3without any pressure, coercion or undue influence, which is acceptable to both the parties. They have mutually settled all their matrimonial disputes. They have also filed joint petition under Section 13-B of Hindu Marriage Act in which first motion statements have been recorded. Thereafter, they will be able to live in peace and harmony. No purpose would be served with the continuation of criminal proceedings Therefore considering these facts the petition filed by the petitioners is accepted and FIR No.0084 dated 28.06.2019, under Section 406, 498-A of IPC, registered at Women Police Station Chandigarh and the consequential proceedings arising therefrom are quashed.

Accordingly, the present petition stands accepted. (AMARJOT BHATTI ) JUDGE 11.04.2023 Sunil Devi Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No