IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
Crl.Misc.M-3484 of 2009
Date of decision : 20.2.2009
Kuldeep Singh and others
... Petitioners
Versus
State of Punjab and another
...Respondents
Coram : Hon'ble Mr.Justice Kanwaljit Singh Ahluwalia
Present: Mr.ADS Ghuman, Advocate for the petitioners.
Mr.Mehardeep Singh, AAG, Punjab.
Mr.Avtar Singh Khinda, Advocate for respondent No.2.
Kanwaljit Singh Ahluwalia, J. (Oral)
The present case FIR No.85 dated 17.7.2008 under
Sections 498-A, 406, 382, 342, 506, 148 and 149 IPC was registered at
Police Station Sri Hargobindpur, Police District Batala, District
Gurdaspur at the instance of Joginder Singh father of the Amandeep
Kaur. Amandeep Kaur was married on 3.5.2007 with Kuldeep
Singh. It is stated in the FIR that daughter of the complainant,
Joginder Singh was subjected to cruelty and harassment at the
instance of Kuldeep Singh and his relation.
The present petition has been filed by Kuldeep Singh,
husband of Amandeep Kaur, his brothers Gurdeep Singh and Ranjit
Singh, sister Sukhjinder Kuar, mother, Gurdeep Kaur and cousin
Ramandeep Kuar and Dalbir Singh.
Learned counsel for the petitioners has submitted that
during the pendency of the proceedings a compromise has been
Crl.Misc.M-3484 of 2009 2
arrived at between the parties. Respondent No.2- Joginder Singh
alongwith his daughter Amandeep Kaur are present in Court. They
have been identified by their counsel Mr Avtar Singh Khinda.
Amandeep Kuar stated that she has received Rs.2.50 lacs/- along
with Istri Dhan/dowry articles etc. and she does not want to pursue
the present FIR. It has also been agreed that girl child shall remain
in the custody of aggrieved wife-Amandeep Kaur.
It has also been agreed that petition under Section 13-B
of the Hindu Marriage Act, for dissolution of marriage by way of
mutual consent shall be filed within a period of 30 days.
It has been held by Hon’ble Apex Court in case of
B.S.Joshi vs. State of Haryana, 2003 (2) RCR (Criminal), 888 that
when husband and wife had agreed to settle their matrimonial
dispute, the Court should quash the FIR, even if the offence is non-
compoundable. This view was further reiterated by the Full Bench
of this Court in Kulwinder Singh Vs. State of Punjab and another
2007(3) RCR (Criminal) 1052.
Taking into consideration the ratio of law laid in
B.S.Joshi’s case and Kulwinder Singh’s case (supra), the aforesaid
FIR alongwith subsequent proceedings arising therefrom is quashed
and the present petition is accepted.
[ Kanwaljit Singh Ahluwalia ]
Judge
20.02.2009
sd