Criminal Misc. No. M- 3472 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M- 3472 of 2011 Date of decision:-03.05.2011 Rasal Singh and others ...Petitioners Versus State of Punjab and another ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Veneet Sharma, Advocate for the petitioners. Mr. Guninder S. Brar, AAG Punjab for respondent No.1-State. RITU BAHRI J.(Oral) The present petition has been filed under Section 482 Cr.P.C. for quashing the FIR No.27 dated 12.3.2004 under Sections 406,498-A and 494 IPC, registered at Police Station B-Division, Amritsar (Annexure P-1) on the basis of compromise (Annexure P-2). The marriage between complainant and petitioner No.1 was solemnized on 13.10.1996 as per Sikh Rites at Village Jor Singhwala, Tehsil Patti. On 07.8.1997 complainant gave birth to female child in Hospital Tarn Taran. As per complainant during the stay at her matrimonial home she was harassed and beaten for dowry. The accused persons used to keep her hungry many times. On 5.5.1999 she alongwith her child was expelled from matrimonial home. After that complainant used to live with her parents. After this, father-in-law, mother- in-law and brothers-in-law got her husband married with some other girl of village Gaggo Bohi without getting divorce from her being first legally wife. In this background the FIR was registered. Criminal Misc. No. M- 3472 of 2011 -2- During the pending proceedings, the matter was amicably settled between the parties and they filed petition under Section 13-B of Hindu Marriage Act, 1955 for dissolution of marriage by mutual consent. In compliance of order dated 07.2.2011, the Judicial Magistrate 1st Class, Amritsar has sent a report verifying the contents of the compromise. As per this report, on 30.4.2011 statement of complainant Kiranjit Kaur was recorded in the presence of her counsel and she testified that Annexure P-2 (compromise/statement dated 29.11.2010 made before the District Judge, Amritsar) is genuine and valid one. Similarly statement of Rasal Singh was also recorded, who also testified the validity and genuineness of Annexure P-2. After recording the statements of the parties, the compromise is held to be genuine. In view of the law laid down by the Full Bench of this Court in the case of Kulwinder Singh and Ors. vs. State of Punjab and another 2007 (3) RCR (Crl.) 1052 and in view of the judgment of the Supreme Court in case of Dr. Arvind Barsaul etc. versus State of Madhya Pradesh and another 2008(2) RCR (Criminal) 910 has examined a case where quashing was sought of an FIR under Section 498-A IPC being non-compoundable. The Hon'ble Supreme Court has held that :- “Learned counsel for the parties submitted that the parties have settled their differences. It was submitted on behalf of the complainant Smt. Sadhna Madnawat that she is not interested in prosecuting the appellants. It may be pertinent to mention that the parties hail from cultured and educated families. It was also submitted that the appellant's parents are suffering from multiple ailments because of advanced age. The appellant's father is a retired Professor and Dean, Veterinary College, Mathura and he had undergone transplant of his kidney and the appellant's mother is Criminal Misc. No. M- 3472 of 2011 -3- suffering from multiple ailments and is virtually bed-ridden.” Consequently, in view of the law laid down by the Full Bench of this Court in the case of Kulwinder Singh and others vs. State of Punjab and another (supra) and in view of the judgment of the Supreme Court in case of Dr. Arvind Barsaul etc. versus State of Madhya Pradesh and another (supra), FIR No.27 dated 12.3.2004 under Sections 406,498-A and 494 IPC, registered at Police Station B-Division, Amritsar, is quashed with all consequential proceedings arising therefrom qua petitioners. The petition stands disposed of. May 03, 2011 ( RITU BAHRI ) Vijay Asija JUDGE