Paramjit Kaur And Another v. State Of Punjab And Another
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH Date of decision : 05.10.2020 Paramjit Kaur and anr.
......Petitioners versus State of Punjab and others
...Respondents
CORAM:
HON'BLE MS. JUSTICE RITU BAHRI
Present:
Mr. G.S. Gill, Advocate for the petitioners.
Ms. Monika Jalota, DAG, Punjab Mr. H.S. Jalal, Advocate for respondent Nos. 2 and 3.
**** RITU BAHRI , J. (Oral) CRM-23957-2020 Application is allowed as prayed for.
Accordingly, Annexure R-1 and R-2 are taken on record. CRM-M-61587-2018 Quashing of FIR No. 57 dated 29.06.2016 under Sections 406/498-A/323/420 IPC, registered at Police Station Bareta, District Mansa, is being sought on the basis of compromise deed dated 08.12.2018 (Annexure P-2).
The above mentioned F.I.R was got registered on the complaint made by respondent No. 2. Respondent No. 2 solemnized the marriage of her granddaughter-respondent No. 3 Pawandeep Kaur with Varinder Singh. After the marriage, the in-laws of respondent No. 3 started harassing her on account of bringing less dowry. She was also given beatings by her in-laws.
However, with the intervention of respectables of the Society, the matter has now been duly compromised, on the basis of compromise deed dated 08.12.2018 (Annexure P-2).
In compliance of order dated 21.12.2018, a status report dated 09.01.2019 has been received from JMIC Budhlada stating therein that the parties have appeared before the Court and they have stated that they have entered into compromise voluntarily, without any pressure and coercion. Two accused Paramjit Kaur and Varinder Singh are arrayed in the F.I.R and P.O proceedings are pending against Varinder Singh. Baldev Singh in his statement dated 09.01.2019 has admitted the factum of compromise between the parties. The compromise is genuine and without any pressure. He has no objection if the F.I.R be quashed by this Court against the petitioners. Statement of accused-Paramjit Kaur was also recorded to the effect that the matter has been compromised between the parties. The compromise is genuine.
As per affidavit of Pawandeep Kaur, her grandfather-Baldev Singh, on her instructions has entered into compromise on 08.12.2018 with the accused-party with the intervention of respectables of the society. As per compromise, Baldev Singh received Rs.25,00,000/- through demand draft No. 41616134 dated 07.12.2018 and Rs.50,000/- in cash on behalf of Pawandeep Kaur from Varinder Singh Dhillon and Paramjit Kaur. She has no objection if the F.I.R be quashed against the petitioners now. Keeping in view prevailing COVID-19 situation and the fact that the status report dated 09.01.2019 has been received to the effect that the compromise has been effected between the parties vide compromise deed dated 08.12.2018 (Annexure P-2) it is a fit case where there is no
impediment in the way of the Court to exercise its inherent powers under Section 482 Cr.P.C for quashing of F.I.R in the interest of justice. Consequently, in view of the judgment of the Hon'ble Supreme Court in cases of Madan Mohan Abbot vs. State of Punjab 2008(2) RCR (Criminal) 429 and the law laid down by the Full Bench of this Court in the case of Kulwinder Singh and Ors. vs. State of Punjab and another 2007(3) RCR (Crl.) 1052, no useful purpose would be served in prolonging the litigation.
Accordingly, FIR No. 57 dated 29.06.2016 under Sections 406/498-A/323/420 IPC, registered at Police Station Bareta, District Mansa, is quashed along with all consequential proceedings arising therefrom qua petitioners.
The petition stands disposed of.
05.10.2020 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No