Citation : 2022 Latest Caselaw 16624 P&H
Judgement Date : 13 December, 2022
SANDEEP 2022.12.17 20:37 CRM-M-20712-2022 -1- 265 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-20712-2022 Date of Decision:- 13.12.2022. MANWINDER SINGH ....Petitioner Vs. STATE OF PUNJAB AND ANR ...Respondents CORAM:-HON'BLE MRS. JUSTICE AMARJOT BHATTI Present:- Mr. Vipin Mahajan, Advocate for the petitioner. Mr. R.S. Khaira, DAG, Punjab. Mr. Vishal Munjal, Advocate for the respondent No.2. 36 2 3 ok 3K ok AMARJOT BHATTI, J. (Oral)
The petitioner -- Manwinder Singh filed the instant petition under Section 482 Cr.P.C. for quashing of the FIR No.34 dated 12.02.2022 under Sections 406 and 498-A IPC registered at Police Station Women, District Police Commissionerate, Ludhiana, Punjab on the basis of compromise.
The facts of the case are that Rupinder Kaur filed a written complaint to the police against her husband Manwinder Singh and in-laws family for maltreatment and beatings given to her on account of bringing less dowry and regarding misappropriation of her dowry articles. Her parents had performed their marriage on 23.02.2020 by spending Rs.2.50 lacs. Her parents had given gold ornaments, cash amount and dowry
articles in the shape of furniture, utensils and clothes, etc. by spending
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SANDEEP 2022.12.17 20:37
huge amount of Rs.15 lacs. She was maltreated in the matrimonial home by her husband and in-laws family. She tried to adjust in the matrimonial home. After a gap of 4-5 months they started raising demand of Rs.10 lakh which could not be satisfied. Her parents tried to make them understand that they were not in a position to give this huge amount but they insisted on their demand. She was beaten in the matrimonial home. Ultimately, the matter was reported to the police.
Notice of petition was given to the respondents and the parties were directed to appear before the Illaqa Magistrate/trial Court for recording their statements regarding the said compromise.
The detailed report dated 04.06.2022 received from the Court of Judicial Magistrate 1* Class, Ludhiana. The JMIC recorded the statement of respondent No.2 Rupinder Kaur as well as Manwinder Singh - petitioner.
Learned counsel appearing on behalf of the State has not disputed the fact of compromise arrived at between the parties.
I have heard the arguments of learned counsel for the parties and have gone through the record carefully. As per the compromise report dated 04.06.2022 received from JMIC, Ludhiana, the matter has been mutually settled between the parties. The Learned JMIC in his report also confirmed that the compromise is genuine, voluntary, without any threat or coercion and fear. The respondent No.2 also submitted the matter has been compromised with the petitioner and she has no objection in quashing of the aforesaid FIR. Head Constable Karan Sharma in his deposition confirmed that the petitioner has never been declared as proclaimed
offender.
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Under these circumstances, no purpose would be served to continue with the proceedings of criminal case registered on the basis of the aforesaid FIR. This compromise will bring peace and harmony in the life of the petitioner and respondent no.2 as they are living together. Further litigation will also come to an end.
Therefore, the petition filed by the petitioner is allowed and FIR No.34 dated 12.02.2022 under Sections 406 and 498-A IPC registered at Police Station Women, District Police Commissionerate, Ludhiana, Punjab and the consequential proceedings arising therefrom are quashed.
The petition is, accordingly, disposed of.
13.12.2022 (AMARJOT BHATTI) snd JUDGE Whether speaking/reasoned: Yes/No.
Whether reportable: Yes/No
SANDEEP
2022.12.17 20:37
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