JAGDEEP SINGH AND OTHERS Vs. STATE OF PUNJAB AND ANOTHER
LAWS(P&H)-2012-11-255
HIGH COURT OF PUNJAB AND HARYANA
Decided on November 22,2012

Jagdeep Singh And Others Appellant
VERSUS
State of Punjab and Another Respondents

JUDGEMENT

- (1.) This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.45 dated 2.9.2010 (Annexure P-1), registered at Police Station Badali Ala Singh District Fatehgarh Sahib under Sections 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 petitioners has submitted that with the intervention of the relatives and friends, parties have arrived at a compromise. Respondent No.2 and petitioner No.1 have got a decree of divorce on the basis of mutual consent. The said petition was decreed on 26.3.2011 vide Annexure P-3. Learned counsel for the petitioners has further submitted that now complainant Amandeep Kaur has gone to Australia.
(3.) Darshan Singh, father of respondent No.2, has appeared on her behalf and has admitted the factum of compromise effected between the parties. He has admitted his signatures on the compromise (Annexure P-2). He has also verified the signatures of his daughter Amandeep Kaur on the compromise (Annexure P-2). He has submitted that he was appearing on behalf of his daughterrespondent No.2 as she has gone to Australia and would not be able to come to the court to make her statement. He has further submitted that he has no objection in case the FIR in question is ordered to be quashed as now the parties have mutually settled all their disputes. Para 10 of the compromise (Annexure P-2) reads as under:- "That above said Amandeep Kaur will make positive statement before the competent authority regarding the cancellation of the above said FIR and will also make positive statement in the Court of Illaqa Magistrate regarding acceptance of the cancellation report, if required. It has been further agreed that in case the second party is forced to file a quashing petition in the Hon'ble High Court, then above said Amandeep Kaur will also make positive statement in the Hon'ble High Court for getting quashed the above said FIR, if required." ;


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