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."
;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.