Punjab-Haryana High Court
Jagmeet Singh Dhillon And Others vs State Of Punjab And Another on 20 August, 2013
Author: Rajive Bhalla
Bench: Rajive Bhalla
Crl. Misc. No.M-30341 of 2012 (O&M) -: 1 :-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
Crl. Misc. No.M-30341 of 2012 (O&M)
Date of decision: August 20, 2013.
Jagmeet Singh Dhillon and others
... Petitioners
v.
State of Punjab and another
... Respondent(s)
CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA
HON'BLE MR. JUSTICE DR. BHARAT BHUSHAN PARSOON
Present: Shri ADS Ghuman, Advocate for the petitioners.
Ms. Radhika Suri, Additional Advocate General, Punjab.
Shri Inderpal Parmar, Advocate for respondent No.2.
Dr. Bharat Bhushan Parsoon, J.
The petitioners pray for quashing of FIR No.82, dated 23.10.2006, registered under Sections 406 and 498-A, of the Indian Penal Code, at Police Station Division No.3, Ludhiana (Annexure P-1), including all subsequent proceedings arising therefrom.
The dispute, in hand, arises from a matrimonial dispute between, petitioner no.1- Jagmeet Singh Dhillon and Ramandeep Kaur, respondent no.2. The petitioners are the husband of Ramandeep Kaur and his relatives.
Jagmeet Singh Dhillon also filed a petition, under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred Kadyan Vinod Kumar 2013.09.04 16:10 I attest to the accuracy and integrity of this document Chandigarh Crl. Misc. No.M-30341 of 2012 (O&M) -: 2 :- to as 'the 1955 Act') for grant of divorce, which was dismissed on 13.8.2010. Jagmeet Singh Dhillon, filed FAO No.M-322 of 2010 against such dismissal of his petition. During pendency of this appeal, Jagmeet Singh Dhillon and Ramandeep Kaur arrived at a settlement whereby they agreed to bring their marriage to an end and also agreed that cases whether Criminal or Civil shall be withdrawn/ quashed. The terms and conditions of the settlement read as follows:-
"1. That both the parties have decided to get their marriage dissolved by mutual consent in accordance with law. The appellant-Jagmeet Singh and Ramandeep Kaur-respondent shall make a statement before the Hon'ble High Court for converting the present FAO-M-322 of 2010 into under Section 13-B of Hindu Marriage Act and get their marriage dissolve as such.
2. That the appellant and respondent were married on 18.11.2004 and out of the said marriage no child was born.
3. That the appellant Jagmeet Singh shall pay a sum of ` 15,00,000 (Rupees Fifteen Lacs only)to Smt. Ramandeep Kaur as full and final settlement towards permanent alimony and maintenance (present, past and future) as well as towards dowry articles etc.
4. The aforesaid payment shall be paid by the appellant to the respondent before the Hon'ble Court on the date as fixed by the Hon'ble Court.
5. That respondent Ramandeep Kaur has agreed that she will have no objection in case the FIR No. 82 dated 23.10.2006 at P. S. Division No. 3 Ludhiana under section 406 and 498-A IPC, against Jagmeet Singh-appellant and his family members and all subsequent proceedings arising out of the said FIR is quashed and has also agreed to make a statement before the Hon'ble Court or any other competent authority in this regard.Kadyan Vinod Kumar 2013.09.04 16:10 I attest to the accuracy and integrity of this document Chandigarh Crl. Misc. No.M-30341 of 2012 (O&M) -: 3 :-
Smt. Ramandeep Kaur shall file the necessary affidavit before the Hon'ble Court in this regard and has also agreed to make a statement before the Hon'ble Court or any other competent authority in this regard. The respondent will take further necessary steps for quashing the aforesaid FIR in accordance with Law.
6. That both the parties have agreed that they shall withdraw all the civil and criminal cases pending against each other before any court. The respondent shall withdraw the petition under Section 125 Cr. P.C. which is pending before JMIC, Ludhiana, in view of the aforesaid full and final settlement.
7. That the respondent-Ramandeep Kaur is fully satisfied with the aforesaid settlement and will not claim anything else from the appellant in future. Smt. Ramandeep Kaur has also agreed that she will not claim anything from the moveable and immovable property of the appellant.
8. That both the parties are completely satisfied with the aforesaid compromise and will not launch any civil/criminal case against each other in future.
9. That both the parties have agreed to abide by the terms and conditions of the aforesaid agreement.
10. That the matter has been settled amicably and voluntarily through the process of mediation."
Jagmeet Singh Dhillon and Ramandeep Kaur presented a joint petition for dissolution of their marriage by mutual consent. The application was allowed and statements of parties were recorded in the first motion. After expiry of the statutory period of six months, Jagmeet Singh Dhillon and Ramandeep Kaur once again appeared before this Court and made separate statements in the second motion that they stand by their statements made in the first motion and as their Kadyan Vinod Kumar 2013.09.04 16:10 I attest to the accuracy and integrity of this document Chandigarh Crl. Misc. No.M-30341 of 2012 (O&M) -: 4 :- differences cannot be bridged, their marriage may be dissolved by grant of a decree of divorce by mutual consent. Affidavits in support of these statements were also filed and taken on record.
By an order of even date, the marriage between Jagmeet Singh Dhillon and Ramandeep Kaur, has been dissolved by grant of a decree of divorce, by mutual consent. Ramandeep Kaur, who is present in person states that in view of the settlement and grant of a decree of divorce, she has no objection, if the FIR and all subsequent proceedings arising therefrom are quashed.
Counsel for the petitioners states that in view of the statement made by the complainant, the FIR and all subsequent proceedings arising therefrom may be quashed. Counsel for the State of Punjab, states that in view of settlement of the matrimonial dispute, the State of Punjab, has no objection, if the FIR is quashed.
We have heard counsel for the parties, perused the terms and conditions of the settlement, considered the statements made by parties at the stages of first and second motion in FAO No.M-322 of 2010, and in the present proceeding and have no hesitation in holding that as the dispute in the present case, arising from the matrimonial differences of parties has been settled, it would be in the interest of parties as well as in the interest of justice that this unfortunate litigation is brought to an end.
The quashing of the FIR etc. would enable the parties to chart out a new course in the lives leaving behind this Kadyan Vinod Kumar 2013.09.04 16:10 I attest to the accuracy and integrity of this document Chandigarh Crl. Misc. No.M-30341 of 2012 (O&M) -: 5 :- unfortunate chapter in their lives. It would, however, be necessary to reproduce relevant paragraph from the settlement, wherein parties have agreed that all cases whether civil and criminal or of any other nature filed /pending by the parties, shall be withdrawn/quashed etc.:-
"5. That respondent Ramandeep Kaur has agreed that she will have no objection in case the FIR No. 82 dated 23.10.2006 at P. S. Division No. 3 Ludhiana under section 406, 498-A IPC, against Jagmeet Singh-appellant and his family members and all subsequent proceedings arising out of the said FIR is quashed and has also agreed to make a statement before the Hon'ble Court or any other competent authority in this regard. Smt. Ramandeep Kaur shall file the necessary affidavit before the Hon'ble Court in this regard and has also agreed to make a statement before the Hon'ble Court or any other competent authority in this regard. The respondent will take further necessary steps for quashing the aforesaid FIR in accordance with Law."
In view of what has been recorded hereinabove, we are satisfied that the settlement between the parties is equitable and genuine. Since their marriage has been dissolved by grant of a decree of divorce by mutual consent, Criminal Misc. No.M- 30341 of 2011 is allowed, FIR No.82, dated 23.10.2006, registered under Sections 406 and 498-A of the Indian Penal Code, at Police Station Division No.3, Ludhiana (Annexure P-1) and all subsequent proceedings are quashed.
[Dr. Bharat Bhushan Parsoon] Judge [ Rajive Bhalla ] August 20, 2013. Judge kadyan Kadyan Vinod Kumar 2013.09.04 16:10 I attest to the accuracy and integrity of this document Chandigarh