Crl. Misc. No. M- 16787 of 2010(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 16787 of 2010(O&M) DATE OF DECISION: December 1, 2011 Aman Kumar .....Petitioner VERSUS State of Punjab & another ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? PRESENT: Mr. Bikramjit Arora, Advocate for the petitioner. Mr. A.S. Jattana, Addl. A.G., Punjab, for the State. Mr. MK Dogra, Advocate for respondent fNo.2. **** RANJIT SINGH, J. This petition has been filed by the petitioner for quashing of FIR No.167, dated 1.5.2010, registered under Sections 363/365/506/34 IPC, at Police Station Sadar, Amritsar City, and all the subsequent proceedings arising therefrom. In this FIR, the petitioner is accused by his wife of having kidnapped the younger son from her lawful custody. The petitioner got married to Monika-respondent No.2 on 6.2.1998 and out of this wedlock, two sons were born who are named Diwanshu and Tushar. Wife-Monika had filed this complaint Crl. Misc. No. M- 16787 of 2010(O&M) -2- complaining of injustice done to her and for having turned her out of matrimonial house. It is stated that she was staying in the parental house and was keeping her both sons with her. On 20.4.2010 while the complainant-wife(respondent No.2) was standing with her younger son Tushar outside of her house, the petitioner allegedly had come in a Santro Car and had given a push to her and had taken her younger son in the car. On the basis of this, the present FIR was registered against the petitioner for abduction. The petitioner had approached this Court for quashing of this FIR on the ground that being a father he cannot be accused of abducting his own son. On 2.6.2010, this Court stayed the arrest of the petitioner after noticing that he is a natural guardian of the child. He had appeared in the Court along with son on that date. The interim order has continued. During the pendency of this petition, wise counsel has prevailed on the parties and they have now amicably settled the issue. Crl. Misc. No.65063 of 2011 has been filed today to urge that the petitioner and his wife-Monika have sorted out their differences and they have now decided to stay together. The petitioner as well as respondent No.2 both are present in the Court and I have spoken to them. They have confirmed that the dispute or differences between them have been resolved and they are now living together happily along with their children. It is rather good to see that the couple has shown some sense and have decided to reconstruct this marriage by removing their differences. This will be good for young children as well who need love and affection of both the parents. This application has Crl. Misc. No. M- 16787 of 2010(O&M) -3- been filed to place on record the compromise deed. The same is allowed and the compromise deed is taken on record. Since the parties have decided to stay together, they need to be encouraged. The FIR which has otherwise been lodged against the petitioner would also not reveal any offence as the petitioner being natural guardian of the child could not be accused of abducting his child. The case is made out for quashing the FIR on the ground that no offence is revealed from the allegation made in the FIR and also on the basis of the compromise. It is pointed out by counsel for the parties that there is another FIR in this case under Section 498-A IPC for which they will make a separate move to seek quashing thereof. The present petition is allowed. FIR No.167, dated 1.5.2010, registered under Sections 363/365/506/34 IPC, and all subsequent proceedings arising therefrom are hereby quashed. December 01, 2011 ( RANJIT SINGH ) monika JUDGE