Gurnam Singh v. State Of Punjab And Another

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 18.04.2023 Gurnam Singh ...... Petitioner V/S State of Punjab and another ..... Respondents CORAM :

HON'BLE MS. JUSTICE AMARJOT BHATTI

Present:

Ms. Amandeep Kaur, Advocate for the petitioner.

Mr. M.S.Joshi, Addl. A.G. Punjab.

Ms. Sunita, Advocate for Ms. Kamlesh, Advocate for respondent No.2.

**** AMARJOT BHATTI J. (ORAL) The petitioner- Gurnam Singh has filed the instant petition under Section 482 of Cr.P.C. for quashing of FIR No.0117 dated 25.07.2022, under Section 498-A of IPC, registered at Police Station Bullowal, District Hoshiarpur and all other subsequent proceedings on the basis of compromise between the parties dated 27.10.2022 (Annexure P-2).

As per the facts of the case, the complainant - Preeti filed a written complaint against her husband and in-laws family, alleging that her marriage was performed with Gurnam Singh on 18.11.2020. Earlier she and her sister-in-law Inderjit Kaur were studying in the same college and Gurnam Singh was also studying in the same college. The parents of Gurnam Singh initiated their

-2marriage proposal. Ultimately, their marriage was performed. She was given gold ornaments and huge amount was spent at the time of marriage. The relatives of Gurnam Singh were also given gold jewellery and other gifts. After marriage, she was told to help Gurnam Singh in the fields. When relatives came to their house, she was not permitted to sit outside. On enquiry she came to know as she belonged to a lower caste, therefore, she was given this type of treatment in the matrimonial home. She was illtreated in the matrimonial home by her husband and in-laws family. They were unhappy with the marriage. Her family members were illtreated and insulted in her matrimonial home. Ultimately, she was turned out of the house on 16.04.2021. Her husband wanted to take divorce from her. With these allegations, the present FIR has been registered.

The petitioner filed this petition for the quashing of aforesaid FIR on the basis of compromise. The petitioner 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, Hoshiarpur dated 28.01.2023. The statement of respondent No.2 has been recorded, where she confirmed the compromise with the petitioner. 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 petitioner-Gurnam Singh also confirmed this fact in his separate statement. The statement of ASI Surinder Pal is also recorded who further confirmed that the accused is neither involved in any other case nor has been declared as proclaimed offender.

-3Therefore, from the report of Judicial Magistrate 1st Class, Hoshiarpur, 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 the disputes and started living together. They will be able to live in peace and harmony. It will end all litigation started between them. No purpose would be served with the continuation of criminal proceedings Therefore considering these facts the petition filed by the petitioner is accepted and FIR No.0117 dated 25.07.2022, under Section 498-A of IPC, registered at Police Station Bullowal, District Hoshiarpur 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