Present: Mr. Jagjit Pal Singh Sarao Advocate Vs. State of Punjab and Another - Court Judgment

SooperKanoon Citationsooperkanoon.com/1065503
CourtPunjab and Haryana High Court
Decided OnAug-22-2013
AppellantPresent: Mr. Jagjit Pal Singh Sarao Advocate
RespondentState of Punjab and Another
Excerpt:
crl. misc. not m-11777 of 2013 (o&m) 1 in the high court of punjab and haryana at chandigarh crl. misc. not m-11777 of 2013 (o&m) date of decision:22. 08.2013 jagjit singh ...petitioner versus state of punjab and another ...respondents coram : hon’ble ms justice ritu bahri present: mr.jagjit pal singh sarao, advocate, for the petitioner. mr.d.s.virk, aag, punjab. mr.amit saini, advocate, for the complainant-respondent no.2. ritu bahri, j. crl. misc. no.37312 of 2013 application is allowed and certified copy of compromise dated 25.03.2013 (annexure p-2) is taken on record. crl. mis. not m-11777 of 2013 quashing of fir no.2 dated 03.01.2012, under sections 406 and 498-a ipc, registered at police station sultanwind, amritsar, is sought on the basis of compromise effected between the parties. prasher ajay 2013.09.17 18:24 i attest to the accuracy and integrity of this document high court chandigarh crl. misc. not m-11777 of 2013 (o&m) 2 the f.i.r was registered on the basis of a complaint made by harinderjit kaur-complainant (respondent no.2) against the accused- petitioner to the effect that her marriage was solemnized with jagjit singh- petitioner on 10.10.2005 as per sikh rites. due to misunderstandings, they could not pull on together. on this background, the fir was registered. during investigation itself, the matter has not been resolved between the the petitioner and respondent no.2-harinderjit kaur vide compromise deed dated 25.03.2013 (annexure p-2) when the matter was referred to the mediation and conciliation centre of this court. both the parties have decided to stay together as husband and wife and the husband- petitioner has undertaken that he will keep his wife in a happy and cordial atmosphere. on notice, an affidavit of respondent no.2-harinderjit kaur (complainant) has been placed on record. as per the said affidavit, the parties have amicably compromised the matter on 25.03.2013 before the mediation and conciliation centre of this court and not respondent no.2 is residing with the petitioner in her matrimonial home. she has no objection if the fir is quashed. consequently, keeping in view of the fact that the matrimonial dispute between the parties has been resolved amicably and not they are residing together as husband and wife and in view of 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 prasher ajay 2013.09.17 18:24 i attest to the accuracy and integrity of this document high court chandigarh crl. misc. not m-11777 of 2013 (o&m) 3 no useful purpose would be served in prolonging the litigation. accordingly, fir no.2 dated 03.01.2012, under sections 406 and 498-a ipc, registered at police station sultanwind, district amritsar, is quashed with all consequential proceedings arising therefrom qua petitioner. the petition stands disposed of accordingly. (ritu bahri) august 22, 2013 judge ajp prasher ajay 2013.09.17 18:24 i attest to the accuracy and integrity of this document high court chandigarh
Judgment:

Crl.

Misc.

not M-11777 of 2013 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.

Misc.

not M-11777 of 2013 (O&M) Date of decision:

22. 08.2013 Jagjit Singh ...Petitioner Versus State of Punjab and another ...Respondents CORAM : HON’BLE MS JUSTICE RITU BAHRI Present: Mr.Jagjit Pal Singh Sarao, Advocate, for the petitioner.

Mr.D.S.Virk, AAG, Punjab.

Mr.Amit Saini, Advocate, for the complainant-respondent No.2.

RITU BAHRI, J.

Crl.

Misc.

No.37312 of 2013 Application is allowed and certified copy of compromise dated 25.03.2013 (Annexure P-2) is taken on record.

Crl.

Mis.

not M-11777 of 2013 Quashing of FIR No.2 dated 03.01.2012, under Sections 406 and 498-A IPC, registered at Police Station Sultanwind, Amritsar, is sought on the basis of compromise effected between the parties.

Prasher Ajay 2013.09.17 18:24 I attest to the accuracy and integrity of this document High Court Chandigarh Crl.

Misc.

not M-11777 of 2013 (O&M) 2 The F.I.R was registered on the basis of a complaint made by Harinderjit Kaur-complainant (respondent No.2) against the accused- petitioner to the effect that her marriage was solemnized with Jagjit Singh- petitioner on 10.10.2005 as per Sikh rites.

Due to misunderstandings, they could not pull on together.

On this background, the FIR was registered.

During investigation itself, the matter has not been resolved between the the petitioner and respondent No.2-Harinderjit Kaur vide compromise deed dated 25.03.2013 (Annexure P-2) when the matter was referred to the Mediation and Conciliation Centre of this Court.

Both the parties have decided to stay together as husband and wife and the husband- petitioner has undertaken that he will keep his wife in a happy and cordial atmosphere.

On notice, an affidavit of respondent No.2-Harinderjit Kaur (complainant) has been placed on record.

As per the said affidavit, the parties have amicably compromised the matter on 25.03.2013 before the Mediation and Conciliation Centre of this Court and not respondent No.2 is residing with the petitioner in her matrimonial home.

She has no objection if the FIR is quashed.

Consequently, keeping in view of the fact that the matrimonial dispute between the parties has been resolved amicably and not they are residing together as husband and wife and in view of 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 Prasher Ajay 2013.09.17 18:24 I attest to the accuracy and integrity of this document High Court Chandigarh Crl.

Misc.

not M-11777 of 2013 (O&M) 3 no useful purpose would be served in prolonging the litigation.

Accordingly, FIR No.2 dated 03.01.2012, under Sections 406 and 498-A IPC, registered at Police Station Sultanwind, District Amritsar, is quashed with all consequential proceedings arising therefrom qua petitioner.

The petition stands disposed of accordingly.

(RITU BAHRI) August 22, 2013 JUDGE ajp Prasher Ajay 2013.09.17 18:24 I attest to the accuracy and integrity of this document High Court Chandigarh