Amarjit Singh v. State Of Punjab And Another

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 11.05.2023 Amarjeet Singh ..... Petitioner

Versus

State of Punjab and Another ..... Respondents CORAM : HON'BLE MS. JUSTICE AMARJOT BHATTI

Present:

Mr. Naresh Paul Chandel, Advocate for the petitioner.

Mr. Kunwarbir Singh, Assistant A.G. Punjab.

Mr. A.S. Arora, Advocate for Mr. Ravinder Singh, Advocate for respondent No. 2.

**** AMARJOT BHATTI J. (ORAL) CRM-14567-2023 This is an application filed by learned counsel for the petitioner under Section 482 Cr.P.C. for placing on record Judgment dated 14.03.2023 passed by learned Principal Judge, Family Court, Patiala as Annexure P-4. For the reasons enumerated in the application, the same is allowed. Accompanied document Annexure P-4 is taken on record. CRM stands disposed of.

CRM-M-58112-2022 The petitioner - Amarjeet Singh has filed the instant petition under Section 482 of Cr.P.C. for quashing of FIR No. 0044 dated 20.07.2018 (Annexure P-1) registered under Section 406 and 498-A of I.P.C., Police Station Women,

-2District Patiala, Punjab and all other consequential proceedings arising thereto on the basis of the affidavit dated 15.11.2022 (Annexure P-2) arrived at between the parties.

The facts of the case are that Sukhpreet Kaur - complainant filed a written complaint against her husband Amarjeet Singh and others alleging that she got married with Amarjeet Singh on 24.03.2013 according to sikh rites. Her parents had given dowry as per the demand of her in-laws family. Her parents had spent Rs. 20 lacs at the time of marriage. They had given Rs. 3 lacs in cash to her husband for car, expensive clothes, electric goods, utensils, furniture etc. After marriage, she was not treated properly in the matrimonial home. She was taunted for less dowry. They raised demand for a car. She tried to make them understand but they continued to harass her and she was even beaten up. The matter came before Police Station Women, Patiala. A compromise was effected but there was no change in their behaviour. In this way, compromises were effected several times but they continued to torture her for demand of more dowry and Verna car. Ultimately, the complaint was filed, on the basis of which present FIR has been registered.

The petitioner has filed this petition for the quashing of aforesaid FIR on the basis of Affidavit dated 15.11.2022, Annexure P-2. The petitioner and respondent No. 2 were directed to appear before the Illaqa/Duty Magistrate for recording their statements on the basis of compromise. The detailed report regarding compromise has been received from the Court of Judicial Magistrate First Class, Patiala dated 17.02.2023. The statement of respondent No.2 has been recorded, where she confirmed the compromise with the petitioner. She confirmed that the compromise effected between the parties is genuine, voluntary, without

-3any threat, fear, influence or coercion. She further submits that she has no objection regarding quashing of FIR.

The petitioner also confirmed this fact in his separate statement. The statement of HC Mander Singh is also recorded who further confirmed that the accused person is neither involved in any other case nor declared proclaimed offender in any other criminal case.

Therefore, from the report of Judicial Magistrate First Class, Patiala, 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 disputes. They have also filed joint petition under Section 13-B of Hindu Marriage Act which is decided vide judgment and decree dated 14.03.2023, Annexure P-4. 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 petitioner - Amarjeet Singh is accepted and FIR No. 0044 dated 20.07.2018 (Annexure P-1) registered under Section 406 and 498-A of I.P.C., Police Station Women, District Patiala, Punjab and the consequential proceedings arising therefrom are quashed. Accordingly, the present petition stands accepted. (AMARJOT BHATTI) JUDGE 11.05.2023 lalit Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No