Crl.Misc.No.M-13879 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-13879 of 2011 Date of decision:02.06.2011 Kulwant Singh s/o Santokh Singh ..... Petitioner Versus State of Punjab and another ..... Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present: Mr.Sugreev Kapur, Advocate for the petitioner. Mr.Ashok Giri Advocate for respondent no.1. Mr.Munish Kumar, AAG, Punjab. ***** RITU BAHRI, J. (Oral) The present petition has been filed under Section 482 Cr.P.C. for quashing the FIR No.305 dated 24.09.2007 (Annexure P-1) under Sections 498-A of IPC, registered at Police Station Maqsudan, District Jalandhar and all the subsequent proceeding arising therefrom, on the basis of compromise. The facts leading to the registration of the above said FIR are that Jasbir Kaur, applicant/complainant moved an application to the Senior Superintendent of Police, Jalandhar, for registering a case against Kulwant Singh s/o Santokh Singh, Santokh Singh, Jinder Kaur w/o Santokh Singh, Manjit Singh s/o Santokh Singh, Davinder Kaur w/o Manjit Singh and Darshana. The applicant/complainant was married to accused Kulwant Singh on 30.11.1997 at the residence of Crl.Misc.No.M-13879 of 2011 -2- the applicant i.e. 16, Shaheed Babu Labh Singh Nagar, Jalandhar. Though the marriage was solemnized at the residence of the applicant/complainant, but the marriage was prior solemnized with great pump and show and a huge amount was spent. There was no issue out of this wedlock. From the first day of marriage, the accused and his family members started maltreating and taunted the applicant for bringing less dowry. All istri dhan of the applicant is still lying at the house of the accused and has not been returned to the applicant. The accused and his family members forced to bring more dowry but the applicant showed her inability to bring the same. On this pretext, the applicant was maltreated and humiliated oftenly and was given merciless beatings. Accused Kulwant Singh wanted to go abroad that is why he and his family members pressurized the applicant to bring Rs.3,00,000/- . On non-fulfillment of demand, the applicant was turned out of the matrimonial house in bare three clothes after one month of the marriage. The matter went to Panchayat where the accused and his family members declared openly that they have no necessity of the applicant. The applicant filed an application/complaint before the Mahila Police Station, Kapurthala for registration of the case against the accused and his family members where the accused and his family members agreed for compromise but soon after, they withdrawn from the compromise. Since then, the applicant is residing alone with her parents for the last about 10 years. Accused and his family members declared that they have solemnized/remarriage Kulwant Singh and the Crl.Misc.No.M-13879 of 2011 -3- applicant can not return to her matrimonial house. In the above background the FIR was registered against the petitioners. Counsel for the complainant has tendered an affidavit of complainant, Jasbir Kaur. As per the affidavit, the matter has been compromised with the intervention of the respectables and the parties have decided to part their ways mutually and dissolve the marriage with mutual consent. It is further deposed that FIR and all subsequent proceedings may kindly be quashed. Certified copies of the statement dated 30.05.2011 made by the complainant before the Additional District Judge, Kapurthala has been placed on record in which she has stated that she will make a statement accepting the draft of Rs.5,00,000/- (Rs.Five lacs only) after making a statement for quashing the proceedings before this court. She further stated that she will appear before this court on 02.06.2011 and will make a statement for quashing the proceedings and draft be handed over to her after making her statement before this court and thus divorce petition be adjourned after the date fixed in this court. In view of the affidavit of the complainant, this court is satisfied that the compromise has been effected in valid and genuine manner and no fruitful purpose would be served by carrying out the proceedings further. The Hon'ble Supreme Court in the 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. Crl.Misc.No.M-13879 of 2011 -4- 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 suffering from multiple ailments and is virtually bed-ridden.” Consequently, in view of the judgment of the Hon'ble Supreme Court in the case of Dr. Arvind Barsaul etc.(supra), FIR No.305 dated 24.09.2007 (Annexure P-1) under Sections 498-A of IPC, registered at Police Station Maqsudan, District Jalandhar is quashed with all consequential proceedings arising therefrom qua petitioners. Accordingly, the petition stands disposed of. A copy of this order be handed over to counsel for the parties under signatures of the Court Secretary of this court. 02.06.2011 [RITU BAHRI] shamsher JUDGE