Punjab-Haryana High Court
Major Singh & Ors vs State Of Punjab & Ors on 18 December, 2014
Author: Ritu Bahri
Bench: Ritu Bahri
Crl. Misc. No. 31066 of 2014 in
Crl. Misc. No. M-23815 of 2012 1
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
Crl. Misc. No. 31066 of 2014 in
Crl. Misc. No. M-23815 of 2012
Date of decision : 18.12.2014
Major Singh and others ...Petitioners
versus
State of Punjab and others ...Respondents
CORAM: HON'BLE MS. JUSTICE RITU BAHRI
Present: Mr. S.S. Rangi, Advocate,
for the applicant-petitioners.
Mr. Daljit Singh Virk, AAG, Punjab.
Mr. K.S. Hissowal, 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-23815 of 2012 was disposed of as having been rendered infructuous.
Prayer in the main petition i.e. CRM-M-23815 of 2012 was for quashing of cross version i.e. DDR No.19 dated 29.08.2010, under Sections 341, 323, 506, 148, 149, 451, 325 IPC (Annexure P-2) in 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.
Cross version bearing DDR No.19 dated 29.08.2010 (Annexure P-
2) registered on the basis of statement made by Karnail Singh-respondent No.2, alleging that his son-Gurvinder Singh-respondent No.3 was married to Gurinder Kaur, daughter of petitioner Nos. 1 and 2 on 16.11.2009. No dowry was taken AJAY PRASHERin the said marriage. Out of this wedlock, a female child was born on 2015.01.24 15:16 I attest to the accuracy and authenticity of this document High Court Chandigarh Crl. Misc. No. 31066 of 2014 in Crl. Misc. No. M-23815 of 2012 2 10.08.2010 at the parental house of Gurinder Kaur. On 12.08.2010, wife of Karnail Singh along with his son Gurvinder Singh went to village Baghour to see the newly born baby, where Jasbir Kaur, mother-in-law of Gurvinder Singh, abused them. Thereafter, they came back to Chandigarh. On 22.08.2010, Karnail Singh, his son Gurvinder Singh and daughter Jasbir Kaur alias Rani again went to village Baghour to give panjiri to Gurinder Kaur. But, they were given beatings by the accused-petitioners. In this background, the DDR was registered.
After registration of version and cross-version, with the intervention of respectable persons, the matter has now been resolved between the parties vide compromise dated 14.12.2010(Annexure P-3). An affidavit of the Karnail Singh, 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 said FIR was registered against respondent Karnail Singh, Gurvinder Singh and their family members 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 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 Karnail Singh, Gurvinder Singh and their family members. A petition under Section 13-B of Hindu Marriage Act was filed before the Court. As per compromise effected between the parties, a sum AJAY PRASHER of Rs.1,00,000/- had been paid by Gurvinder Singh-respondent No.3 to 2015.01.24 15:16 I attest to the accuracy and authenticity of this document High Court Chandigarh Crl. Misc. No. 31066 of 2014 in Crl. Misc. No. M-23815 of 2012 3 Gurinder Kaur, daughter of the Major Singh 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 her husband- Gurvinder Singh 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-respondent Nos.2 and 3 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 DDR No.19 dated 29.08.2010, under Sections 341, 323, 506, 148, 149, 451, 325 IPC (Annexure P-2) in 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