CRM-M -26238 of 2009 - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CRM-M-26238 of 2009 Date of Decision: 13.10.2009 **** Davinder Singh and others . . . . Petitioners. Vs. State of Punjab and another . . . . Respondents. **** CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: Mr.J.S. Saneta, Advocate for Mr.naresh Kaushik, Advocate for the petitioners. Ms.Rajni Gupta, Addl. A.G. Punjab for the State/respondent. Mr.D.S. Sandhu, Advocate for the complainant. **** RAKESH KUMAR JAIN J. (ORAL) Reply on behalf of respondent no.2 has been filed today in Court and copy thereof has been handed over to the counsel for the petitioners. This is a petition under section 482 of Code of Criminal Procedure, 1973 (in short Cr.PC) for quashing of FIR No.59 dated 27.08.2008 registered under Sections 406/498-A IPC at Police Station Dhilwan, District Kapurthala and all subsequent proceedings arising therefrom, on the basis of a compromise. The FIR (Annexure P1) has been registered at the instance of Kulbir Kaur (respondent No.2) w/o Davinder Singh against as many as 4 accused, namely, Davinder Singh, Charan Singh, Paramjit Kaur, Sukhraj Kaur, under Section 406/498-A IPC CRM-M -26238 of 2009 - 2 - who are residents of 52, Gagan Vihar Salempur Road, Jalandhar. The present petition has been filed by Davinder Singh, Charan Singh, and Paramjit Kaur, who have alleged that the FIR has been registered by his wife Kulbir Kaur due to temperamental misunderstanding between the complainant and her husband (Davinder Singh), which has now been settled between the parties due to the intervention of the respectables. Hence, the complainant (respondent No.2) has filed an affidavit dated 14.09.2009 in which she has alleged that there is no dispute left between her and her husband and the members of the husband’s family. Notice of motion was issued in the petition. In response thereof, respondent No.2 has put in appearance through Mr. D.S. Sandhu, Advocate who has filed an affidavit in which she has admitted that compromise has been effected between the parties. Davinder Singh (petitioner No.1) is present in Court, who has been identified by Sh. J.S. Saneta, Advocate whereas Kubvir Kaur (respondent no.2) who present in Court has been identified by Mr. D.S. Sandhu, Advocate. I have asked both, petitioner No.1 and respondent No.2 about their compromise, to which, they have replied that after the compromise both are now living happily together as husband and wife. Counsel for the petitioner has submitted that since the matter has been settled between the parties, therefore, in view of the judgement of the Full Bench of this Court reported as Kulwinder Singh & Others vs. State of Punjab and others, 2007(3) Law Herald (P&H) FB 2225, the FIR in question registered under Section 406/498-A may be quashed. CRM-M -26238 of 2009 - 3 - After hearing both the counsel for the parties and keeping in view the facts and circumstances of this case and also the law that has been settled by the Full Bench of this Court in case of Kulwinder Singh (supra), the present petition is allowed and FIR (Annexure P1) and all the consequent proceedings arising therefrom are hereby quashed. (RAKESH KUMAR JAIN) OCTOBER 13, 2009 JUDGE vivek