Criminal Misc. No. M- 46568 of 2007 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M- 46568 of 2007 Date of Decision: 6.1.2009 Sukhvinder Singh …Petitioner Versus State of Haryana and Another …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr.Vivek Goyal, Advocate for the petitioner. Mr.S.S.Mor, Senior Deputy Advocate General, Haryana, for respondent No.1 None for respondent No.2. Kanwaljit Singh Ahluwalia, J. (Oral) In the present case, Sukhvinder Singh is husband of Surjit Kaur. He, after marriage, had migrated to Italy. The petitioner has attached copy of judgment & decree passed in petition under Section 13 of the Hindu Marriage Act, 1955 (Annexure P2). It will be apposite here to reproduce para 6 of the said judgment:- “6. Today the case was fixed for consideration. The mother and father of the respondent are also present in the Court. They have categorically stated that compromise has been Criminal Misc. No. M- 46568 of 2007 2 arrived at between the parties. The petitioner had lodged FIR No. 291 dated 4.8.2005 under Sections 406, 498-A, 323, 506 IPC in Police Station Pehowa against parents of respondent-husband along with maternal aunt and uncle of the respondent. Later on compromise was arrived at between them. Copy of statement of Surjeet Kaur petitioner along with statements of Tarsem Singh and Swaran Kaur parents of petitioner and also statement of Amrik Singh have been placed on record. In FIR No. 291 of 2005, since the complainant who is petitioner in the present case, had not supported her earlier version, all the accused being parents and maternal uncle and aunt of respondent-husband were ordered to be acquitted vide judgment dated 1.3.2007, copy of which has also been placed on record”. The marriage between the parties stand dissolved. Annexure P3 is copy of judgment passed by learned Sub Divisional Judicial Magistrate, Pehowa, wherein co-accused of the petitioner were acquitted as the complainant Surjit Kaur had turned hostile and had not supported the prosecution case. The petitioner has also attached Annexures P4 and P5 i.e. affidavits of the father of the petitioner and of father of the complainant wherein it has been stated that Rs.2,30,000/- has been received by the complainant Surjit Kaur for settling the matrimonial dispute. The present case is a matrimonial dispute which, as per the Criminal Misc. No. M- 46568 of 2007 3 averments made in the petition, has been amicably resolved. Taking into consideration the observations made by learned Additional District Judge, Kurukshetra, in a judgment of divorce and the fact that against the co-accused complainant has turned hostile, it is a case where the proceedings against the petitioner can be quashed. An order passed by the Co-ordinate Bench of this Court on 22.10.2008 reveal that respondent No.2 was served through her father but nobody has put in appearance, further justify the fact that compromise has been effected between the parties. Hence, the present petition is accepted. FIR No. 291 dated 4.8.2005 registered at Police Station Pehowa under Sections 406, 498- A, 323 and 506 IPC along with all subsequent proceedings is quashed qua the petitioner. (Kanwaljit Singh Ahluwalia) Judge January 6, 2009 “DK”