Punjab-Haryana High Court
Gurinder Singh vs State Of Punjab And Another on 5 October, 2012
Author: Sabina
Bench: Sabina
Crl. Misc. No. M-42411 of 2003 (O&M) -1 -
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
Crl. Misc. No. M-42411 of 2003 (O&M)
Date of Decision: 05.10.2012.
Gurinder Singh ........Petitioner
Vs.
State of Punjab and another ......Respondents
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr. I.P.S.Kohli, Advocate
for the petitioner.
Mr. P.S.Paul, DAG, Punjab.
.....
SABINA, J.
Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of the FIR No. 71 dated 27.5.2003, under Section 406, 498-A, 313 of the Indian Penal Code ('IPC' for short) read with Section 3 and 4 of the Dowry Prohibition Act, 1961 ('Act' for short) registered at Police Station Ahmedgarh, District Sangrur and all the subsequent proceedings arising therefrom.
Learned counsel for the petitioner has submitted that the FIR in question has already been quashed by this Court vide order dated 15.3.2004. The name of the petitioner was duly mentioned in the said order but due to inadvertence the present petition could not be listed along with Criminal Miscellaneous No. 12489-M of 2004.
The submissions made by the learned counsel for the petitioner have not been controverted by the learned State counsel.
In Criminal Miscellaneous No. 12489-M of 2004 Crl. Misc. No. M-42411 of 2003 (O&M) -2 - following order was passed:-
"This order shall dispose of Criminal Misc. No. 12489-M of 2004 and Criminal Misc. No. 12491-M of 2004. The first petition has been filed by Surmukh Singh, his wife Sukhwant Kaur and sons Gurvinder Singh and Gurinder Singh seeking quashing of FIR No. 157 dated November 7, 2003 registered under Section 306 of the Indian Penal Code at Police Station Ahmedgarh.
The Second petitioin has been filed by Surmukh Singh, his wife Sukhwant Kaur and son Gurwinder Singh for quashing of FIR No. 71 dated May 27, 2003 registered at Police Station Ahmedgarh under Sections 406/498-A/313 IPC.
Manpreet Kaur, respondent No.2, in both the cases got married to Gurvinder Singh son of Surmukh Singh on February 6, 2003 at Ahmedgarh. Manpreet Kaur's widowed mother Surinder Kaur had spent money on marriage beyond her capacity and had presented expensive presents to her as well as a car wroth Rs. 2.50 lacs. The grievance of the complainant has been recounted in details in FIR No. 71.
On July 26, 2003 Manpreet Kaur's mother Surinder Kaur committed suicide by jumping into a canal in respect of which FIR No. 157 was registered. Gurvinder Singh and Manpreet Kaur had come to mutually agreed settlement whereunder Manpreet Kaur shall seek withdrawal of her both complaints and Crl. Misc. No. M-42411 of 2003 (O&M) -3 - quashing of both FIRs and Gurvinder Singh shall pay Rs. 2.25 lakh towards alimony etc. Parties have presented a petition under Section 13- B(2) for dissolution of their marriage by decree of divorce on the basis of mutual consent.
Registry will register this petition under Section 13-B of the Hindu Marriage Act on the original side.
Since the parties have indeed come to a mutually agreed settlement and Manpreet Kaur does not wish to prosecute her complaint it is highly unlikely that the prosecution would succeed. In order to enable both of them to part company and start their lives afresh while they are still young, it is in their interest that both the FIRs should be quashed and they are saved from protracted criminal trials. Consequently it is directed that FIR 71 dated May 27, 2003 registered at Police Station Ahmedgarh under Sections 406/498-A/313 IPC and FIR No. 157 dated November 7, 2003 registered at Police Station Sadar Ahmedgarh under Section 306 IPC alongwith all subsequent proceedings are quashed. Separate statements of both the parties in support of their petition under Section 13-B have been recorded.
The marriage between Gurvinder Singh and Manpreet Kaur has broken down completely and they are unable to reconcile with each other. Therefore, the statutory period of six months is required to be and is hereby waived. Taking into consideration the facts and circumstances of the case, this Court is of the Crl. Misc. No. M-42411 of 2003 (O&M) -4 - considered view that it is in the interest of the parties and larger interest of the society that the marriage between the parties is dissolved to enable the parties to start new life. Therefore, the petition filed by the parties under Section 13-B of the Hindu Marriage Act is allowed and their marriage is dissolved through a decree of divorce under Section 13-B of the Hindu Marriage Act, on the basis of mutual consent."
In view of the above order, this petition is allowed. FIR No. 71 dated 27.5.2003, under Section 406, 498-A, 313 IPC read with Section 3 and 4 of the Act registered at Police Station Ahmedgarh, District Sangrur and all the consequential proceedings arising therefrom, qua the petitioner, also stand quashed.
(SABINA) JUDGE October 05, 2012 Gurpreet