Punjab-Haryana High Court
Harjinder Singh And Another vs Harjinder Kaur on 1 March, 2012
Author: Ritu Bahri
Bench: Ritu Bahri
Crl. Rev. No. 404 of 2012 (O&M) [ 1 ]
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Crl. Rev. No. 404 of 2012 (O&M)
Date of Decision: March 1,2012
Harjinder Singh and another ...................... Petitioners
Versus
Harjinder Kaur .......................................... Respondent
Coram: Hon'ble Ms. Justice Ritu Bahri
1.To be referred to the Reporters or not?
2. Whether the judgment should be reported in the Digest?
Present: Mr. Sarabjit Singh, Advocate
for the petitioners.
Mr. G.S.Thind, Advocate
for the respondent.
...
RITU BAHRI, J. (Oral)
This is a revision against the order dated 5.11.2009 passed by the Judicial Magistrate Ist Class, Amritsar by which the petitioners have been convicted under Sections 420, 120-B IPC and sentenced to undergo rigorous imprisonment for one year as well as the order dated 14.1.2012 passed by the Addl. Sessions Judge/Fast Track Court, Amritsar, whereby the order dated 5.11.2009 has been upheld.
During the pendency of this revision, the matter has been compromised and a statement has been made by Crl. Rev. No. 404 of 2012 (O&M) [ 2 ] the complainant Harjinder Kaur beforfe the Lok Adalat on 25.2.2012 which is taken on record at Annexurfe A1. As per the statement, she has received a sum of `2 lacs from Sukhwant Singh and stated that she shall withdraw all the cases filed by her against the respondents. This statement has been made before the Chief Judicial Magistrate in proceedings under Section 12 of the Protection of Women from Domestic Violence Act.
Complainant-Harjinder Kaur is present in Court and she has been identified by her counsel. She has filed her affidavit dated 1.3.2012.
After going through the facts of the case, it transpires that registration of the present complaint on account of a matrimonial dispute which arose with the complainant-Harjinder Kaur and her husband Sukhwant Singh. A complaint under Section 406/498-A IPC was registered against her husband and other persons. In the aforesaid complaint, the complainant made a statement that she has received `1 lakh in lieu of dowry articles and petitioner No.2, sister of Sukhwant Singh, has been acquitted on 26.8.2008 by JMIC, Amritsar. Petitioner No.2 is the Nanand (sister-in-law) of the complainant and petitioner No.1 is her husband.. Vide order dated 26.7.2008 under Section 128 Cr.P.C the complainant Harjinder Kaur was granted maintenance of `91,800/- for the period 9.1.2004 to Crl. Rev. No. 404 of 2012 (O&M) [ 3 ] 14.6.2008. The present complaint was initiated as a counter- blast to the proceedings of Section 128 Cr.P.C. The matter has been compromised now and the complainant wants to withdraw all the cases filed by her. The statement made by her on 25.2.2012 (Annexure A1) and the affidavit dated 1.3.2012 are to the same effect.
The petitioners had no role to play in the matrimonial dispute between the complainant and her husband Sukhwant Singh. They have been facing criminal trial ever since the registration of the complaint in the year 2001 i.e. for the last 11 years. The present complaint is an off-shoot to the matrimonial dispute between the complainant, her husband and his family members. They are the first time offenders.
The compromise is held to be voluntary.
In view of the above, the order dated 5.11.2009 passed by the Judicial Magistrate Ist Class, Amritsar, as well as the order dated 14.1.2012 passed by the Addl. Sessions Judge/Fast Track Court, Amritsar, are set aside.
The revision is disposed of.
1.3.2012 ( RITU BAHRI ) Rupi JUDGE