LAWS(P&H)-2013-1-20

ASHURBANPAL SINGH Vs. STATE OF PUNJAB

Decided On January 08, 2013
Ashurbanpal Singh Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) THIS petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.118 dated 19.10.2004 (Annexure P-1), registered at Police Station Kalanaur District Gurdaspur under Sections 406/ 498-A of the Indian Penal Code, 1860 ('IPC' for short) and all the subsequent proceedings arising therefrom in view of the compromise arrived at between the parties.

(2.) LEARNED counsel for the petitioner has submitted that the parties have amicably settled their dispute and now the petitioner and respondent No.2 are residing together as husband and wife. Respondent No.2, who is present in person and has been identified by ASI Satinder Pal, who has come to assist the learned State counsel, has admitted the factum of compromise. Respondent No.2 has further stated that she is presently residing with the petitioner in the matrimonial home and has no objection in case the FIR in question is ordered to be quashed. Affidavit of respondent No.2 (Annexure P-2) is already on record in this regard.

(3.) HON 'ble the Apex Court in the case of Nikhil Merchant vs. Central Bureau of Investigation and another JT 2008 (9) SC 192 in para Nos. 23 and 24 has held as under:-