Punjab-Haryana High Court
Bhupinder Kaur And Another vs State Of Punjab on 18 July, 2012
Author: Ritu Bahri
Bench: Ritu Bahri
Crl. Misc. No. M-54384 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Date of Decision: July 18, 2012
Crl. Misc. No. M-54384 of 2003 (O&M)
Bhupinder Kaur and another ...Petitioner
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MS. JUSTICE RITU BAHRI
Present: Mr. N.P. Jaitely, Advocate
for the petitioner.
Ms. Gagan Mohini, AAG, Punjab
Mr. Rakesh Verma, Advocate
for the complainant.
1. To be referred to the Reporters or not?
2. Whether the Judgment should be reported in the
Digest
RITU BAHRI, J. (Oral)
Quashing of FIR No. 173 dated 31.10.2002, under Sections 306, 406 and 506 IPC, registered at Police Station Gobindgarh, District Fatehgarh Sahib and further proceedings taken thereon qua the petitioners.
Smt. Rani Devi daughter of the complainant was married to Gurcharan Singh at Mandi Gobindgarh Guru Ki Nagari. At the time of marriage, the complainant gave gold ornaments, dowry articles and huge amount of money. After the marriage, she was harassed and maltreated on score of dowry but for better settlement of Rani Devi, the complainant always satisfied the demand of dowry and cash to the accused. The complainant along with his son went to the house of the accused on 15.04.2002 and Crl. Misc. No. M-54384 (O&M) -2- requested the accused to refrain from beating Rani Devi. The accused persons told the complainant party to satisfy the demand of ` 7 lacs immediately, failing which they will have to repent. The complainant paid a sum of ` 5 lacs on 25.04.2002. On 27.07.2002 Rani Devi rang up the complainant to disclose that accused were compelling her to bring remaining amount of ` 2 lacs and in case she did not fulfill the demand, she will be done to death by administering poison. On 28.07.2002 in presence of Neelam sister-in-law of petitioner No.1 and Renu, Rani was administered some powder on account of which she died.
Initially, the FIR was registered under Sections 302, 148, 149, 120-B and 498-A IPC. After investigation, a cancellation report was submitted. During the course of investigation, the statement was made by Harpreet Kaur d/o deceased and the case was converted into under Sections 306, 406, and 506 IPC, PS Mandi Gobindgarh. Thereafter challan was presented. This petition was pending in this Court and the further proceedings were stayed. During the pendency of the petition, the parties entered into a compromise and they were directed to get their statements recorded.
In compliance of the aforesaid order, the statements were recorded and a report in this regard has been submitted by the District and Sessions Judge, Fatehgarh Sahib. As per status report, statement of Harpreet Kaur was recorded on 10.05.2012. She has compromised the matter with accused Ashok Kumar who is her maternal uncle (Massar) on the interventions of the family members. She does not want to proceed in FIR No. 173 dated Crl. Misc. No. M-54384 (O&M) -3- 31.10.2002 under Sections 306, 406, 506 IPC, PS Mandi, Gobindgarh. It is further stated that the case was registered against Bhupinder Kaur wife of Sh. Ahsok Kumar (Massi) but she has died and she has no objection if the FIR is quashed. Statement of Malkiat Singh has been recorded that FIR was lodged on his complaint against Gurcharan Singh son of Dhani Ram, Dhani Ram son of Sant Singh, Baljinder Singh son of Dhani Ram, Raju son of Dhani Ram and Manjit Kaur wife of Dhani Ram. The said case was later on converted to Sections 306, 406 and 506 IPC on the statement made by his grand daughter Harpreet Kaur d/o Gurcharan Singh, r/o Ward No.1, Guru Ki Nagri, Mandi Gobindgarh, District Fatehgarh Sahib but now she is residing in Canda. The charges were framed against Ashok Kumar son of Sh. Nathu Ram and Bhupinder Kaur wife of Sh. Ashok Kumar. Bhupinder Kaur had died on 19.06.2010 and the proceedings against her stand abated. Thereafter, Harpreet Kaur daughter of Sh. Gurcharan Singh has entered into a compromise on 09.12.2011, with Ashok Kumar son of Nathu Ram. The said compromise had been signed by Harjinder Singh @ Raju on behalf of Harpreet Kaur being her attorney, as Harpreet Kaur was residing abroad. The compromise is without coercion and pressure. The case was registered against Gurcharan Singh son of Sh. Dhani Ram on account of demise of my daughter late Smt. Rani Devi and he has no objection if the FIR is quashed. To the same effect statement of of Raj Kumar and Kamla Rani on 12.05.2012 and statement of Mrs. Harpreet Kaur daughter of Gurcharan Singh was recorded on 15.05.2012 to the effect that Crl. Misc. No. M-54384 (O&M) -4- she has executed general power of attorney in favour of Sh. Harjinder Singh @ Raju. She has seen the power of attorney dated 09.01.2012 as Ex. C1 and the same was signed by her. The matter in dispute between the parties has been compromised. At the time of compromise, she was in Canada and had authorized Sh. Harjinder Singh @ Raju her uncle to compromise the matter. She has identified the signature of her uncle on original compromise dated 09.12.2011 which she has brought in the Court on 15.05.2012 as Ex.C3. Statement of Sh. Ashok Kumar son of Sh. Nathu Ram has been recorded on 15.05.2012 stating that the matter has now been compromised with Smt. Harpreet Kaur and the compromise was signed by Sh. Harjinder Singh @ Raju.
After going through the statement, this Court is of the opinion that the dispute between the close family members has now amicably settled. One of the co-accused Bhupinder Kaur wife of Sh. Ashok Kumar. Bhupinder Kaur had died on 19.06.2010 and the proceedings against her stand abated, which will ultimately result into acquittal.
Consequently, in view of the status report sent by District and Sessions Judge, Fatehgarh Sahib and in view of 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 and Dr. Arvind Barsaul etc. versus State of Madhya Pradesh and another no useful purpose would be served in prolonging the litigation.
Crl. Misc. No. M-54384 (O&M) -5-
Accordingly, Quashing of FIR No. 173 dated 31.10.2002, under Sections 306, 406 and 506 IPC, registered at Police Station Gobindgarh, District Fatehgarh Sahib is quashed with all consequential proceedings arising therefrom qua petitioners.
The petition stands disposed of.
(RITU BAHRI) JUDGE July 18, 2012 Atul