Sukhwinder Singh vs State Of Punjab And Another
2021 Latest Caselaw 766 P&H

        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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Notice of motion.

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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