Sukhwinder Singh vs State Of Punjab And Another

Citation : 2021 Latest Caselaw 766 P&H
Judgement Date : 24 February, 2021

Punjab-Haryana High Court
Sukhwinder Singh vs State Of Punjab And Another on 24 February, 2021
        IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH.
115/2
                                 CRM-M-8628-2021
                                 Date of Decision: 24.02.2021

Sukhwinder Singh
                                                     ....Petitioner

                          Versus

State of Punjab and another
                                                     ....Respondents

CORAM: HON'BLE MR. JUSTICE LALIT BATRA

Present:    Mr. Sunil Agnihotri, Advocate
            for petitioner.
            ****

Lalit Batra, J.(Oral) Case has been taken up for hearing through Video Conferencing.

This is a petition under Section 482 Cr.P.C. for quashing of order dated 11.04.2017 (Annexure P-3) passed by learned Sub Divisional Judicial Magistrate, Hoshiarpur, in terms of which, petitioner has been declared proclaimed offender in case FIR No.296 dated 06.12.2015 under Section 498A IPC, registered at Police Station Dasuya, District Hoshiarpur.

Learned counsel for the petitioner inter alia contends that as a matter of fact compromise has already been arrived at between petitioner and respondent No.2-complainant. He further urges that in the instant case FIR No.296 dated 06.12.2015, parents of petitioner (Harbhajan Singh and Satnam Kaur) faced trial and they have already been acquitted of charges levelled against them, vide judgment of acquittal dated 21.11.2019 passed by learned Judicial Magistrate Ist Class, Dasuya. He further urges that petitioner is ready to surrender before Court concerned and some kind of protection may be provided to him so that he may effectuate the compromise as stated above.

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At the asking of Court, Mr. Mehardeep Singh, Additional Advocate General, Punjab, accepts notice on behalf of respondent No.1- State. At this juncture, Mr. Vikas Munjal, Advocate, appeared on behalf of respondent No.2-complainant. Complete copies of paper book have been supplied to them .

Learned counsel for respondent No.2-complainant submits that in order to resolve the entire matters between the parties and that too in amicable manner, petition under Section 13-B of Hindu Marriage Act, 1955 for dissolution of marriage by a decree of divorce by mutual consent has already been filed by petitioner and respondent No.2, wherein statements of parties in respect of first motion have already been recorded on 06.10.2020. He further submits that respondent No.2- complainant is also making earnest efforts to resolve the instant matter as well and she would also appear before the Court concerned to support cause of petitioner.

In view of above, parties are directed to appear before the Court concerned within fifteen days positively from today. On moving application for bail at the time of surrender by the petitioner, Court concerned is directed to dispose of the said application expeditiously, keeping in view abovesaid aspects.

With the above-said observations, instant petition is disposed of.


                                                      (LALIT BATRA)
                                                         JUDGE
24.02.2021
d.gulati



             Whether speaking/ reasoned        :      Yes/ No
             Whether Reportable                :      Yes/ No

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