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[Cites 8, Cited by 0]

Punjab-Haryana High Court

Baldev Singh And Others vs State Of Punjab And Another on 10 December, 2012

Author: Ritu Bahri

Bench: Ritu Bahri

Crl. Misc. No. M-30706 of 2012 (O&M)                              -1-

   IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

      Date of Decision: December 10, 2012
      Crl. Misc. No. M-30706 of 2012 (O&M)


Baldev Singh and others                                     ...petitioner

                                    Versus

State of Punjab and another                                ...Respondents



CORAM:       HON'BLE MS. JUSTICE RITU BAHRI

Present:     Mr Vipul Aggarwal, Advocate
             for the petitioners.

             Mr. P.S. Bajwa, Addl. A.G., Punjab.

             Mr. Kulwant Singh, Advocate
             for respondent No.2.

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. 226 dated 29.10.2009 (P-1) under Sections 498-A, 452 and 323 IPC (Sections 406, 148, 149 IPC added later on) registered at Police Station Beas, District Amritsar Rural is sought on the basis of compromise dated 22.09.2012. (Annexure P2).

The marriage of complainant-respondent No.2 was solemnized with Baldev Singh on 27.02.2009 but due to temperamental difference, the FIR was registered against the petitioners.

After investigation, challan was presented and Gurpreet Kaur has returned to her matrimonial house and at present she is residing with Crl. Misc. No. M-30706 of 2012 (O&M) -2- her husband.

In compliance of order dated 01.10.2012, a status report dated 22.11.2012 has been sent by Sub Divisional Judicial Magistrate, Baba Bakala in which statement of the complainant has been recorded to the effect that she is residing with her husband and she has no objection if the FIR is quashed.

Consequently, in view of the status report dated 22.11.2012 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, no useful purpose would be served in prolonging the litigation.

Accordingly, FIR No. 226 dated 29.10.2009 (P-1) under Sections 498-A, 452 and 323 IPC (Sections 406, 148, 149 IPC added later on) registered at Police Station Beas, District Amritsar Rural is quashed with all consequential proceedings arising therefrom qua petitioners.

The petition stands disposed of.

(RITU BAHRI) JUDGE December 10, 2012 Atul