IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No. M-31929 of 2008
Date of decision: 7th January, 2009
Rajwinder Kaur and others
... Petitioners
Versus
State of Punjab
... Respondent
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Mr. Sandeep Arora, Advocate for the petitioners.
Mr. Anter Singh Brar, DAG Punjab for the State.
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
Rajwinder Kaur petitioner No.1, complainant of FIR No. 400
dated 24.09.2005 registered under Section 406, 494, 498-A IPC at Police
Station Sadar Jalandhar, is present in Court. Her statement has been
recorded. She has been identified by her counsel, Mr.Sandeep Arora and
Head Constable Bhajan Ram of Police Station Sadar, Jalandhar. In her
statement, Rajwinder Kaur has stated that she has received permanent
alimony, dowry articles and maintenance in lumpsum. She has filed a
divorce petition and the accused has assured that divorce shall be
facilitated. She further states that she does not want to pursue the present
FIR.
It has been held by a Full Bench of this Court in ‘Kulwinder
Singh and others v. State of Punjab and another’, 2007 (3) RCR (Criminal)
1052 that in view of the compromise between the parties, proceedings ought to
be quashed.
Criminal Misc. No. M-31929 of 2008 2
I am of the opinion that in view of the compromise effected
between petitioner No.1 and petitioner No.2 to 8, case FIR No. 400 dated
24.09.2005 registered under Section 406, 494, 498-A IPC at Police Station
Sadar Jalandhar, along with all subsequent proceedings, deserves to be
quashed.
Accordingly, the present petition is disposed off and FIR
No.400 dated 24.09.2005, along with all subsequent proceedings, is
hereby quashed.
[KANWALJIT SINGH AHLUWALIA]
JUDGE
January 7, 2009
rps
Criminal Misc. No. M-31929 of 2008 3
Statement of Rajwinder Kaur wife of Vijay Kumar, daughter of Tirath
Singh, resident of House No. 52, VPO Sansarpur, District Jalandhar,
on S.A.:
*****
I was married on 16th January, 2000 with Vijay Kumar. Vijay
Kumar has migrated to Italy in year 2002 along with his mother Surjit Kaur.
Due to difference of opinion, the marriage could not survive. I had lodged
case FIR No. 400 dated 24.09.2005 at Police Station Sadar Jalandhar
under Section 406, 494, 498-A IPC against ten persons, which included my
husband Vijay Kumar, my mother-in-law Surjit Kaur, one Sukhwinder Singh
and petitioner No.2 to 8. Petitioner No.2 Sharda Devi was my sister-in-law
being sister of my husband. Petitioner No.3 Gurjinder Singh is husband of
Sharda Devi petitioner No.2. Mohinder Singh petitioner No.4 had arranged
the marriage being elder brother of Gurjinder Singh petitioner No.3. Nirmal
Kaur is also younger sister of Vijay Kumar. She is petitioner No.5. Pushpa
Devi petitioner No.6 and Narinder Kaur petitioner No.7 are also my sisters-
in-law being younger sisters of Vijay Kumar. Manjit Singh petitioner No.8 is
husband of my sister-in-law Narinder Kaur petitioner No.7.
Now the matter has been amicably resolved vide compromise
deed (Annexure P-2). I have received permanent alimony, dowry articles
and maintenance in lumpsum. I have also filed a divorce petition and it has
been agreed that divorce shall be facilitated. I do not want to pursue FIR
No. 400 dated 24.09.2005 against my husband and his relations. I pray to
the Court that FIR No. 400 dated 24.09.2005 may be quashed.
RO & AC [KANWALJIT SINGH AHLUWALIA]
JUDGE
January 7, 2009