Punjab-Haryana High Court
Gurvinder Singh And Ors vs State Of Punjab And Ors on 18 December, 2014
Author: Ritu Bahri
Bench: Ritu Bahri
Crl. Misc. No. 27380 of 2014 in
Crl. Misc. No. M-7052 of 2012 1
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
Crl. Misc. No. 27380 of 2014 in
Crl. Misc. No. M-7052 of 2012
Date of decision : 18.12.2014
Gurvinder Singh and others ...Petitioners
versus
State of Punjab and others ...Respondents
CORAM: HON'BLE MS. JUSTICE RITU BAHRI
Present: Mr. K.S. Hissowal, Advocate,
for the applicant-petitioners.
Mr. Daljit Singh Virk, AAG, Punjab.
Mr. S.S. Rangi, Advocate,
for respondent Nos. 2 and 3.
****
RITU BAHRI , J.
Present misc. application has been filed for modification of the order dated 20.12.2012 passed by this Court, whereby CRM-M-7052 of 2012 was disposed of as having been rendered infructuous.
Prayer in the main petition i.e. CRM-M- 7052 of 2012 was for quashing of FIR No. 223 dated 29.08.2010, under Sections 451/325/506/34 IPC, registered at Police Station, Samrala, Police District Khanna, District Ludhiana on the basis of compromise.
The F.I.R was registered on the basis of statement made by Major Singh-respondent No.3, alleging that his daughter-Gurinder Kaur was married to Gurvinder Singh-petitioner No.1. Out of this wedlock, a female child was born on 10.08.2010. In this regard, when the complainant gave information to the in-laws of his daughter i.e. petitioners, they abused and threatened to kill AJAY PRASHERhim. On 13.08.2010, his son-in-law Gurvinder Singh and his mother came at 2015.01.24 15:16 I attest to the accuracy and authenticity of this document High Court Chandigarh Crl. Misc. No. 27380 of 2014 in Crl. Misc. No. M-7052 of 2012 2 the house of complainant to see the infant baby. But, they again started abusing the complainant and his family. On 22.08.2010, Gurvinder Singh along with his father Karnail Singh and sister Rano (petitioner Nos.2 and 3 respectively) again came to their house with panjiri. However, his son-in-law Gurvinder Singh made an attempt to slap the daughter of complainant in anguish. Petitioner No.1 gave a blow to the complainant on his nose and a scuffle took place between the parties. Petitioner Nos. 2 and 3 also threatened the complainant of dire consequences. On raising a raula, Sajjan Singh son of PuranSingh and Sangara Singh son of Amar Singh came there. Thereafter, the accused-petitioners left the house of the complainant. The complainant was admitted to Civil Hospital, Samrala On this background, the FIR was registered.
After registration of the FIR, with the intervention of respectable persons, the matter has now been resolved between the parties vide compromise deed dated 14.12.2010 (Annexure P-2). An affidavit of the complainant, in this regard, is annexed as Annexure P-4.
Similar prayer was made in CRM-M-6707 of 2012, wherein quashing of FIR No.317 dated 24.12.2010, under Sections 498-A, 420, 506 and 34 IPC, registered at Police Station, Samrala was being sought on the basis of compromise dated 14.12.2010. That FIR was also registered against the present petitioners on the statement of Major Singh-complainant. In that petition, vide order dated 16.10.2012, a direction was given to the parties to get recorded their statements with regard to the compromise, before the trial Court. Consequently, a status report dated 07.11.2012 was received from the Sub Divisional Judicial Magistrate, Samrala, wherein it had been stated that statements of Gurinder Kaur and her father Major Singh-complainant were recorded on 22.10.2012 to the effect that they have compromised the matter with accused-petitioners. A AJAY PRASHER petition under Section 13-B of Hindu Marriage Act was filed before the Court. 2015.01.24 15:16 I attest to the accuracy and authenticity of this document High Court Chandigarh Crl. Misc. No. 27380 of 2014 in Crl. Misc. No. M-7052 of 2012 3 As per compromise effected between the parties, a sum of Rs.1,00,000/- had been paid by Gurvinder Singh-petitioner No.1 to Gurinder Kaur, daughter of the complainant and custody of the minor child had been given to Gurvinder Singh.
A perusal of the status report (in CRM-M-6707 of 2012) shows that Gurinder Kaur has received full and final payment from the petitioners and custody of the minor child has been given to Gurvinder Singh. The compromise has been effected without any pressure or coercion. Statements of Gurvinder Singh and Karnail Singh-petitioner Nos. 1 and 2 were also recorded to the same effect. In view of separate statements of the parties, the court is satisfied that the compromise is valid and genuine one.
Consequently, in view of the status report and the judgment of the Hon'ble Supreme Court in the case of Madan Mohan Abbot vs. State of Punjab 2008(2) RCR (Criminal) 429, 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, this Court is of the view that no useful purpose would be served in prolonging the litigation.
Accordingly, the order dated 20.12.2012 passed by this Court is modified and FIR No. 223 dated 29.08.2010, under Sections 451/325/506/34 IPC, registered at Police Station, Samrala, Police District Khanna, District Ludhiana, is quashed with all consequential proceedings arising therefrom qua the petitioners.
The petition stands disposed of accordingly.
(RITU BAHRI) JUDGE 18.12.2014 ajp AJAY PRASHER 2015.01.24 15:16 I attest to the accuracy and authenticity of this document High Court Chandigarh