Sharanjeet Kaur And Another v. State Of Punjab And Another

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 18.04.2023 Sharanjeet Kaur and Anr.

...... Petitioners V/S State of Punjab and Another ..... Respondents CORAM :

HON'BLE MS. JUSTICE AMARJOT BHATTI

Present:

Mr.Rakesh Gupta, Advocate for the petitioners.

Mr. Mohinder Singh Joshi, Additional A.G. Punjab. Mr. Arjun Dev, Advocate for respondent No.2.

**** AMARJOT BHATTI J. (ORAL) The petitioners- Sharanjeet Kaur and Manpreet Singh have filed the instant petition under Section 482 of Cr.P.C. for quashing of FIR No.279 dated 28.08.2018, under Sections 312, 315, 323, 498-A, 506 of IPC, registered at Police Station Shimla Puri, District Ludhiana and all other subsequent proceedings on the basis of compromise between the parties dated 24.08.2019 (Annexure P-2). As per the facts of the case, the complainant -Manpreet Kaur gave her statement to the police that her marriage was performed with Manpreet Singh on 20.04.2018. After some time her husband started harassing her and he used to beat her on minor issues. She has also narrated incident of physical abuse by her

-2husband. She disclosed this fact to her mother-in-law but she did not listen. Her husband was also addicted to drugs. On 24/25.08.2018 her husband harassed her when she was on family way. After some time her parents came and she was brought back to her parental house. As her condition deteriorated, she was taken to Civil Hospital, Ludhiana and she suffered miscarriage. On the basis of her complaint, 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 learned Additional Sessions Judge, Ludhiana dated 07.05.2021. 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- Sharanjeet Kaur and Manpreet Singh have also confirmed this fact in their separate statements. Therefore, from the report of learned Additional Sessions Judge, Ludhiana, it is clear that the compromise has been effected between the parties without 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 decree of divorce has been granted on 23.04.2021 (Annexure P-3). They will be able to live in peace and harmony. No purpose would be served with the continuation of criminal proceedings.

-3Therefore, considering these facts the petition filed by the petitioners is accepted and FIR No.279 dated 28.08.2018, under Sections 312, 315, 323, 498A, 506 of IPC, registered at Police Station Shimla Puri, District Ludhiana and the consequential proceedings arising therefrom are quashed. Accordingly, the present petition stands accepted. (AMARJOT BHATTI ) JUDGE 18.04.2023.

Sunil Devi Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No