Criminal Misc. No. M- 5322 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M- 5322 of 2011 Date of decision:-03.6.2011 Sukhdeep Singh and others ...Petitioners Versus State of Punjab and another ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Malkeet Singh, Advocate for the petitioners. Mr. Guninder S. Brar, AAG Punjab for respondent No.1-State. Mr. S.K. Khanpur, Advocate for respondent No.2. RITU BAHRI J.(Oral) Petitioners have sought quashing of FIR No.64 dated 02.6.2005 under Sections 406 and 498-A IPC, registered at Police Station 'B' Division , Amritsar on the basis of compromise. The FIR was registered on the statement of complainant-Jaswinder Kaur. The marriage between complainant and petitioner no.1-Sukhdeep Singh as per sikh rites. Due to non-compatibility the couple could not stay together. A male child namely Jasmeet was born out of the said wedlock. The complainant was tortured physically and mentally on account of bringing less dowry. There was no respite in the matrimonial relationship of the parties which lead to institution of various proceedings inter se. Thereafter, respondent No.2 got registered an FIR No.64 dated 2.6.2005 against the petitioners under Sections 406 and 498-A IPC at Police Station 'B' Division, Amritsar. With the intervention Criminal Misc. No. M- 5322 of 2011 -2- of respectable, parents of the parties decided to resolve the dispute amicably. The parties entered into an amicable settlement and with the intervention of conciliator at Bilaspur Mediation Centre High Court of Chattisgarh, Bilaspur it has been decided to withdraw the various cases instituted by the parties against each other and at the Court at Amritsar. Respondent No.2 has decided to withdraw the criminal proceedings under the FIR in question. Copy of compromise dated 11.6.2010 is Annexure P-2. Affidavit of respondent No.2, who is present in the Court and identified by her counsel, has been filed to the effect that she has compromised the matter with the petitioners as per terms and agreement dated 11.6.2010 (Annexure P-2) and has no objection if the FIR in question alongwith all consequential proceedings, is quashed qua petitioners. In compliance of order dated 24.2.2011 status report has been submitted by the Judicial Magistrate 1st Class, Amritsar. Complainant has made statement before the trial Court that she has compromised the matter without any threat or coercion. The accused Sukhdeep Singh, Balbir Kaur, Hardip Singh and Navneet Singh also appeared before the trial Court and were identified by Sh. D.S. Chohan, Advocate and recorded their statements to the same effect and agreed to genuineness of Annexure P2. 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. 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 Criminal Misc. No. M- 5322 of 2011 -3- 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 compromise effected between the parties and the judgment of the Hon'ble Supreme Court in the case of Dr. Arvind Barsaul etc. versus State of Madhya Pradesh and another (supra), FIR No.64 dated 02.6.2005 under Sections 406 and 498-A IPC, registered at Police Station 'B' Division, Amritsar, is quashed with all consequential proceedings arising therefrom qua petitioners. The petition stands disposed of. June 03, 2011 ( RITU BAHRI ) Vijay Asija JUDGE