High Court Punjab-Haryana High Court

Kuldeep Singh And Others vs State Of Punjab And Another on 20 February, 2009

Punjab-Haryana High Court
Kuldeep Singh And Others vs State Of Punjab And Another on 20 February, 2009
   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