Crl. Misc. No. M-932 of 2013 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl. Misc. No. M-932 of 2013 Date of decision: 16.02.2015 [ENTITY] and others Petitioners versus [ENTITY] and another Respondents CORAM: HON'BLE MS. JUSTICE [ENTITY] Present: Mr. [ENTITY], Advocate, for the petitioners. Mr. [ENTITY], AAG, Punjab. Mr. [ENTITY], Advocate, for respondent No.2. [ENTITY] , J.
Quashing of FIR No. 90 dated 03.12.2012, under [SECTION], [SECTION], [SECTION] [ACT], registered at Police Station Tappa, District Barnala (Annexure P-1), is sought on the basis of compromise effected between the parties.
The F.I.R was registered on the basis of statement made by [ENTITY]-respondent No.2 alleging that her marriage was solemnized with [ENTITY]-petitioner No.1. Out of this wedlock, two children were born. Her husband had two brothers. On 30.11.2012, there was a small dispute of the complainant with [ENTITY], wife of [ENTITY]-petitioner No.2 with regard to some cotton sticks and straw, which were set on fire. As per her allegations, [ENTITY]-petitioner No.2 came at her house when her husband-[ENTITY] was away and made an attempt to rape her. He also took away some gold ear rings with him. Thereafter, her husband-[ENTITY], mother-in-law [ENTITY] and sister-in-law (jethani) [ENTITY] made a demand of dowry and an attmept was made to set her on fire. Consequently, the complainant called her brother, [ENTITY], who came there along with [ENTITY] and [ENTITY] on the same day. On 02.12.2012 she was got admitted to Civil Hospital, Bathinda. In this background, the FIR was registered.
After registration of the FIR, with the intervention of respectable persons of the locality, the matter has now been amicably resolved between the the petitioners and respondent No.2-[ENTITY], vide compromise dated 20.12.2012 (Annexure P-2). In this regard, an affidavit of the complainant is annexed as Annexure P-3.
In compliance with the order dated 14.01.2013 passed by this Court, the parties got recorded their statements before the Illaqa Magistrate. Report from the Chief Judicial Magistrate, Barnala has been received in this regard. As per report, [ENTITY]-respondent No.2 (complainant) made her statement on 15.02.2013 to the effect that she has compromised the matter with the accused (petitioners) out of her own free will and without any pressure or coercion. The parties are closely related and staying in the same house. She has two children and the compromise is in the interest of the family. No other case is pending against the petitioners. She has no objection, if the above said FIR is quashed. Statements of [ENTITY] and [ENTITY]-petitioner Nos.2 and 3 were also recorded to the same effect. Similarly, statements of [ENTITY] and [ENTITY]-petitioner Nos. 1 and 4 were recorded on 30.08.2013, wherein they have admitted the factum of compromise effected between the parties. In view of separate statements of the parties, the court is satisfied that the compromise is valid and genuine one.
In view of the peculiar circumstances of this case, this Court is of the view that continuation of investigation in the present case will further harm the entire family environment, where the complainant is now residing happily with her husband and in-laws, including the petitioners. Keeping in view the future interest of two minor children, the compromise effected between the parties at the stage of investigation itself, is accepted.
Consequently, in view of the status report and the judgment of the Hon'ble Supreme Court in the case of Madan Mohan Abbot vs. [ENTITY] 2008(2) RCR (Criminal) 429, the law laid down by the Full Bench of this Court in the case of Kulwinder Singh and Ors. vs. [ENTITY] 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. 90 dated 03.12.2012, under [SECTION], [SECTION], [SECTION] [ACT], registered at Police Station Tappa, District Barnala, is quashed with all consequential proceedings arising therefrom qua the petitioners.
The petition stands disposed of accordingly.
([ENTITY]) JUDGE 16.02.2015 ajp