Full Judgment
Crl.
Misc.
No.M-1094 of 2014 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl.
Misc.
No.M-1094 of 2014 Date of decision : 11.08.2014 Rakesh Kumar and others ...Petitioners versus State of Punjab and another ...Respondents CORAM: HON'BLE Ms.JUSTICE RITU BAHRI Present: Mr.Parminder Singh, Advocate, for the petitioneRs.Mr.Daljit Singh Virk, AAG, Punjab.
Mr.Arun Abrol, Advocate, for respondent No.2-complainant.
**** RITU BAHRI , J.
Quashing of FIR No.12 dated 05.07.2012, under Sections 498- A, 406 and 109 IPC, registered at Police Station Mahila Bathinda, district Bathinda (Annexure P-1).is sought on the basis of compromise dated 14.09.2012 (Annexure P-2).The F.I.R was registered on the basis of statement made by Jyotsna-respondent No.2 against the accused-petitioneRs.Petitioner Nos.1 to 3 are her husband, mother-in-law, and sister-in-law respectively and petitioner No.4 is husband of petitioner No.3.
It is alleged that marriage of petitioner No.1 was solemnized with the complainant on 01.05.2004.
Soon after the marriage, all the accused-petitioners started harassing, humiliating and maltreating the complainant on account of bringing inadequate dowry.
AJAY PRASHER On this background, the FIR was registered.
2014.08.12 17:50 I attest to the accuracy and integrity of this document High Court Chandigarh Crl.
Misc.
No.M-1094 of 2014 2 During the pendency of the trial, the matter has now been resolved between the the petitioners and respondent No.2-Jyotsna, vide compromise deed dated 14.09.2012 (Annexure P-2) before the Mediation and Conciliation Centre of this Court.
Petitioner No.1 and respondent No.2 are residing together as husband and wife.
In compliance with the order dated 21.01.2014 passed by this Court, the parties got recorded their statements before the Illaqa Magistrate.
Report from the Judicial Magistrate Ist Class, Bathinda, has been received in this regard.
As per report, Jyotsna @ Priyanka-respondent No.2 made her statement on 09.04.2014 to the effect that the present FIR was got registered by her.
Now with the intervention of the respectable persons, she has compromised the matter with the accused (petitioners).At present, she is residing with Rakesh Kumar-petitioner No.1.
The compromise has been effected without any threat, coercion or pressure.
Statement of Rakesh Kumar-petitioner No.1 was also recorded to the same effect.
In view of separate statements of the parties, the court is satisfied that the compromise is valid and genuine one.
Consequently, in view of the status report and the judgment of the Hon'ble Supreme Court in the case of Madan Mohan Abbot versus 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.versus State of Punjab and another 2007(3) RCR (Crl.) 1052, this Court is of the view that no useful purpose would be served in prolonging the litigation.
Accordingly, FIR No.12 dated 05.07.2012, under Sections 498-A, 406 and 109 IPC, registered at Police Station Mahila Bathinda, district Bathinda, is quashed with all consequential proceedings arising therefrom AJAY PRASHER201408.12 17:50 I attest to the accuracy and integrity of this document High Court Chandigarh Crl.
Misc.
No.M-1094 of 2014 3 qua the petitioneRs.The petition stands disposed of accordingly.
(RITU BAHRI) JUDGE1108.2014 ajp AJAY PRASHER201408.12 17:50 I attest to the accuracy and integrity of this document High Court Chandigarh