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Punjab-Haryana High Court

Inderjit Singh @ Ricky vs State Of Punjab And Anr on 17 March, 2017

Author: Ritu Bahri

Bench: Ritu Bahri

CRM-M-41584-2016                                     -1-


      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH


                                 CRM-M-41584-2016
                                 Date of Decision:- 17.03.2017

Inderjit Singh @ Ricky
                                                                  ....Petitioner
                                        Versus

State of Punjab and another
                                                               ....Respondents


CORAM: HON'BLE MS. JUSTICE RITU BAHRI


Present:     Mr. Manmohan, Advocate
             for the petitioner.

             Ms. Anmol Grewal, DAG, Punjab.

             Mr. Rakesh Sobti, Advocate
             for respondent No.2.

             ****

RITU BAHRI, J. (Oral)

Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.128 dated 20.10.2016, under Sections 406 and 498-A IPC, registered at Police Station Women Cell, Ludhiana, on the basis of compromise dated 26.10.2016 (Annexure P-2).

Brief facts of the case are that marriage between petitioner and respondent No.2 was solemnized on 26.11.2014, as per Sikh Rites and Rituals. The parents of the complainant had given dowry according to their capacity. Due to incompatibility of temperament, both the parties could not live together as husband and wife. The relationship between them became strained and thereafter, the F.I.R was registered against the petitioner.

Learned counsel for the petitioner submits that keeping in view the peace and harmony, the matter has now been amicably settled between the parties with the intervention of respectable persons, vide compromise dated 26.10.2016 (Annexure P-2).

1 of 2 ::: Downloaded on - 25-03-2017 08:25:33 ::: CRM-M-41584-2016 -2- During the course of preliminary hearing, the trial Court, was directed to record the statements of all the concerned parties, with regard to the genuineness and validity or otherwise of the compromise dated 26.10.2016 (Annexure P-2), by way of order dated 21.11.2016, by this Court.

In compliance of order dated 21.11.2016 of this Court, the report of the Judicial Magistrate 1st Class, Ludhiana, dated 06.03.2017 has been received. As per the report, the statements of all the concerned parties have been recorded and the complainant has no objection, if the present FIR registered against the petitioner is quashed. Statements of the petitioner and complainant have been recorded to the same effect.

Consequently, in view of the above-said report and in view of the judgments of the Hon'ble Supreme Court in Dr. Arvind Barsaul etc. Vs. State of Madhya Pradesh and another, 2008(2) RCR (Criminal) 910; Madan Mohan Abbot Vs. State of Punjab, 2008(2) RCR (Criminal) 429 and 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, no useful purpose would be served in prolonging the litigation.

Accordingly, FIR No.128 dated 20.10.2016, under Sections 406 and 498-A IPC, registered at Police Station Women Cell, Ludhiana and all the subsequent proceedings arising therefrom are hereby quashed, on the basis of compromise dated 26.10.2016 (Annexure P-2).

The present petition stands disposed of.

March 17, 2017                                                ( RITU BAHRI )
naresh.k                                                          JUDGE

           Whether speaking/reasoned             Yes
           Whether reportable                    No




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