Satwant Kaur And ANR. v. State Of Punjab And Another
-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 25.04.2023 Satwant Kaur and Anr.
...... Petitioners V/S State of Punjab and Anr.
..... Respondents CORAM : HON'BLE MS. JUSTICE AMARJOT BHATTI
Present:
Mr. Kulwant Singh, Advocate for the petitioners. Mr. Kunwarbir Singh, Assistant A.G.Punjab.
Ms. Amandeep Kaur, Advocate and Mr. Sandeep Gahlawat, Advocate for respondent No.2. **** AMARJOT BHATTI J. (ORAL) The petitioners-Satwant Kaur and Harmanpreet Singh have have filed the instant petition under Section 482 of Cr.P.C. for quashing of FIR No.6 dated 29.07.2021, under Sections 420, 406, 498-A, 120-B of IPC, registered at Police Station NRI, District Sangrur and all other subsequent proceedings on the basis of compromise between the parties dated 20.10.2022 (Annexure P-2). Learned counsel for the petitioners has handed over original bank draft drawn in favour of respondent No.2-Rajdeep Kaur amounting to Rs.6 lacs from Punjab & Sind Bank to the counsel for respondent No.2. Photocopy of the same is placed on record.
As per the facts of the case, the complainant - Rajdeep Kaur filed written complaint against her husband and in-laws family alleging that she got married with Harmanpreet Singh on 19.02.2019. Her parents had spent huge amount on various functions. She had placed on record the list of dowry articles given at the time of marriage. On 29.03.2019, they went to Mandi Ahmadgarh for
-2registration of marriage in the office of Tehsildar. There she came to now that the marital status of her husband was mentioned as divorcee. This fact was not disclosed to her at the time of marriage. The matter was discussed and she came to know that earlier accused No.1 was married with Jaswinder Chahal, with whom there was matrimonial dispute. The accused No.1 was still facing trial when he performed second marriage with her. The accused demanded Rs.10-15 lacs as visa expenditure. The accused cleverly stopped the procedure of visa as their demand was not satisfied. All the educational certificates and other documents are in the possession of accused No.1 and 2. Ultimately, she filed the complaint, on the basis of which 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 Chief Judicial Magistrate, Sangrur dated 14.02.2023. 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- Satwant Kaur and Harmanpreet Singh have also confirmed this fact in their separate statement. The statement of ASI Jodh 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 Chief Judicial Magistrate, Sangrur it is clear that the compromise has been effected between the parties without any
-3pressure, 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 decree of divorce has been granted on 14.03.2023. 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.6 dated 29.07.2021, under Sections 420, 406, 498-A, 120B of IPC, registered at Police Station NRI, District Sangrur and the consequential proceedings arising therefrom are quashed.
Accordingly, the present petition stands accepted. (AMARJOT BHATTI ) JUDGE 25.04.2023.
Sunil Devi Whether speaking/reasoned:
Yes/No Whether Reportable:
Yes/No