Punjab-Haryana High Court
Manpreet Singh vs U.T. Chandigarh And Another on 1 February, 2011
Author: Ritu Bahri
Bench: Ritu Bahri
Criminal Misc. No. M- 11585 of 2010 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No. M- 11585 of 2010 (O & M)
Date of decision:- 01.02.2011
Manpreet Singh
...Petitioner
Versus
U.T. Chandigarh and another
...Respondents
CORAM: HON'BLE MS. JUSTICE RITU BAHRI
Present:- Mr. Harsh Bunger, Advocate
for the petitioner.
Mr. Pankaj Chauhan, Advocate
for respondent No.2.
RITU BAHRI J.(Oral)
Criminal Misc. No.5626 of 2011 Application is allowed and reply of respondent No.2 is taken on record.
Criminal Misc. No. M-11585 of 2010 The present petition under Section 482 Cr.P.C. has been filed by the petitioners for quashing of FIR No. 219 dated 27.5.2003 under Sections 406 and 498-A IPC, registered at Police Station Sector 34, Chandigarh (Annexure P-1) on the basis of compromise (Annexure P-2).
On 20.5.2010 an affidavit of Ritu Dhir had been filed stating that the matter has been compromised. A special power of attorney dated 04.8.2003 has been placed on record authorizing Ms. Ritu Dhir to compromise the matter. However, this power of attorney did not authorize Ritu Dhir to compromise the matter with regard to FIR No.219 dated 27.5.2003, registered at Police Station Criminal Misc. No. M- 11585 of 2010 -2- Sector 34, Chandigarh. Vide criminal miscellaneous No.5626 of 2011 affidavit of Ritu Dhir wife of late R.K. Dhir has been filed alongwith special power of attorney dated 03.12.2010.
After going through the contents of special power of attorney, it is apparent that Dr. Gauri Dhir has authorized Ritu Dhir (mother) to compromise/settle the dispute with Manpreet Singh on the following grounds :-
"1. That the minor child Yuvraj Singh shall continue to stay with Dr. Gauri Dhir, who shall be at liberty to take the minor son Yuvraj Singh to USA.
2. The father of the minor child Yuvraj Singh i.e. Manpreet Singh will have the right to visit and meet the minor child Yuvraj Singh without any objection at all times without there being any restriction on the number of meetings between the child and father, so as not to hamper/disrupt the bond developed between the father (Manpreet Singh) and the son (Yuvraj Singh).
3. That the father or any of his family members shall have the right to visit and meet the child either in India or in the foreign land and no impediment would be created by Dr. Gauri in this regard. For better relations/ties between the son (Youvraj Singh) and the father (Manpreet Singh), the Dr. Gauri shall ensure and facilitate the meeting of the child with his father and other close relations and shall not restrict the stay of the child with the father especially during vacations/holidays (subject to mutual understanding).
4. That Dr. Gauri and Manpreet shall facilitate the making of passport of the minor child by completing the necessary formalities required by the Passport Authority in India.
5. That in case Dr. Gauri wishes to take the child (Yuvraj Singh) to foreign land for his further education, then Dr. Gauri shall be at liberty to take the child abroad, however, Dr. Gauri would ensure, as per mutual Criminal Misc. No. M- 11585 of 2010 -3- understanding between the parties, to bring/send the child to India atleast once a year, so as to facilitate the meeting of the child (Yuvraj Singh) with the father (Manpreet Singh) and his family members.
6. That Dr. Gauri shall also ensure that the child (Yuvraj Singh) and the father (Manpreet Singh) have sufficient access to each other either through internet/telephone/personally so as to further strengthen the bond between the child and the father.
7. That in case Manpreet Singh wishes to take the child (Yuvraj Singh) for a vacation either in India or abroad at his own expenses, during vacations of the child Yuvraj Singh (without obstructing/hampering the studies of the child), then Dr. Gauri shall have no objection in this regard.
8. That the parties have mutually agreed to jointly seek quashing of the criminal case i.e. case FIR No.219, dated 27.05.2003 under Section 498-A, 406 IPC at Police Station Sector 34, Chandigarh, registered by Dr. Gauri against Manpreet Singh. In this regard, Dr. Gauri, either personally or through her Special Power of Attorney shall appear before the court of competent jurisdiction or any police official and make the necessary/requisite statement for the quashing of the case FIR No.219, dated 27.05.2003 under Sections 498-A, 406 IPC registered at Police Station Sector 34, Chandigarh against Manpreet Singh.
9. That the parties have further mutually agreed to make statements in consonance with this settlement/compromise before the competent court in FAO No.1344 of 2007, so as to enable the court to pass appropriate orders/judgments regarding the custody of the minor child in favour of the mother (Dr.Gauri)."
Attested copy of Special Power of Attorney (Annexure A-1) is taken on record. After going through the contents of the Special Power of Attorney, Criminal Misc. No. M- 11585 of 2010 -4- filed by Ritu Dhir, compromise deed is genuine and in view of this, FIR No. 219 dated 27.5.2003 under Sections 406 and 498-A IPC, registered at Police Station Sector 34, Chandigarh, is quashed with all consequential proceedings qua petitioner in view of law laid down in Kulwinder Singh and others versus State of Punjab and another 2007(3) RCR (Criminal) 1052.
The petition stands disposed of.
February 01, 2011 ( RITU BAHRI ) Vijay Asija JUDGE