[CASE NUMBER] (O & M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH [CASE NUMBER] (O & M) Date of decision : 26.9.2016 [ENTITY] and others Petitioners v. [ENTITY] and another Respondents CORAM : HON'BLE MS. JUSTICE [ENTITY] Present : Mr. [ENTITY], Advocate, for the petitioners Ms. [ENTITY], DAG, Punjab [ENTITY], J. (Oral)
This petition has been filed under [SECTION] [ACT] for quashing of [CASE NUMBER] dated 23.2.2016, under [SECTION] [ACT], titled as Sharanjit Kaur @! Sonia v. [ENTITY] and others (Annexure P-1), pending in the Court at Amritsar on the basis of compromise.
Respondent No.2 was married to petitioner No.1 on 1.12.2003 and from the wedlock one daughter was born on 30.12.2008. Thereafter, the petitioners started mentally and physically harassing respondent No.2. They also gave beatings to her on different occasions, which compelled respondent No.2 to file the present complaint. Lateron, the petitioners were summoned and charges were framed against them vide order dated 3.3.2015 and the case has become State case.
Learned counsel for the parties submit that the matter has now been amicably settled between the parties with the intervention of friends, elders and respectable and petition for divorce by mutual consent under [SECTION] of the [ACT] has already been filed in which statements of the parties have been recorded.
During the course of preliminary hearing, the trial Court was directed to record the statements of all the concerned parties, with regard to the 1 of 2 genuineness and validity or otherwise of the compromise deed by way of order dated 21.7.2016 by this Court.
In compliance of order dated 21.7.2016, learned trial Court has submitted the report vide letter dated 12.9.2016, which indicates that parties appeared before it and got recorded their respective statements with regard to validity of compromise. As per the report, compromise arrived at between the parties is genuine and without any pressure or coercion from any corner. Now no dispute is pending between the parties.
Consequently, in view of above said report and in view of the judgments of the Hon'ble Suprpeme Court in [PRECEDENT]; "Madan Mohan Abbot vs. [ENTITY], 2008(2) RCR (Criminal) 429", and the law laid down by the Full Bench judgment of this Court in the case of "Kulwinder Singh and others vs. [ENTITY] and another, 2007(3) RCR (Crl.) 1052", no useful purpose would be served in prolonging the litigation.
Accordingly, the present petition is allowed. [CASE NUMBER] dated 23.2.2016, under [SECTION] [ACT], titled as Sharanjit Kaur @! Sonia v. [ENTITY] and others (Annexure P-1), pending in the Court at Amritsar, is quashed on the basis of compromise and all the criminal proceedings arising out of the said FIR also stands quashed.
([ENTITY]) JUDGE 26.9.2016 [ENTITY] Speaking/Reasoned Yes/No Reportable Yes/No 2 of 2