JAGJIT SINGH @ RAJU AND OTHERS Vs. STATE OF PUNJAB AND ANOTHER
LAWS(P&H)-2013-3-477
HIGH COURT OF PUNJAB AND HARYANA
Decided on March 15,2013

JAGJIT SINGH @ RAJU AND OTHERS Appellant
VERSUS
State of Punjab and Another Respondents

JUDGEMENT

- (1.) Prayer in this petition, filed under Section 482, Cr.P.C., is for quashing of FIR No. 59, dated 1.3.2010, for the offences punishable under Sections 120-B, 406 and 498-A, IPC, registered at Police Station, Division No. 6, Industrial Area, Ludhiana, and the consequential proceedings arising therefrom, on the basis of compromise.
(2.) Vide order dated 8.5.2012, a co-ordinate Bench of this Court had directed the affected parties to appear before the learned Trial Court on 21.5.2012 or any other date convenient to the Court for getting their statements recorded with regard to the compromise. The said Court was also directed to record the statements of both the parties to its satisfaction that the statements were genuine and not the result of any pressure or coercion in any manner. The learned Trial Court was also directed to send a report along with statements of the parties with regard to validity or otherwise of the compromise effected between them and also intimate whether any case was pending against either of the parties.
(3.) In compliance of the above, the petitioners (seven in number) and respondent No. 2, Simranjit Kaur, did appear before the learned Judicial Magistrate Ist Class, Ludhiana, and got recorded their respective statements with regard to the compromise. Respondent No. 2, Simranjit Kaur, stated as under:- " Stated that I was married to Jagjit Singh S/o Harbhajan Singh accused in this case. I got this present case registered against Jagjit Singh (Husband), Balbir Kaur (Mother-in-law), Rajinder Kaur, Jatinder Kaur, Jagdeep Kaur, Gurpreet Kaur (Sister in law) and Sandeep Singh (Brother-in-Law). Thereafter with the intervention of the respectables, the matter has been compromised between us and as per compromise, I along with my husband had filed a joint petition under Section 13-B Hindu Marriage Act which is pending in the court of Sh. Paramjit Singh, ADJ Ludhiana, for 17.07.2012. In the said petition, I have received Rs. 1,00,000/- from my husband, Jagjit Singh, whereas remaining amount of Rs. 85,000/- has to be paid by him to me at the time of final hearing i.e. on 17.07.2012 in the above said petition. If he pays the outstanding amount of Rs. 85,000/- to me on that date and our marriage is dissolved by decree of divorce by mutual, then I have no objection if the present case bearing FIR No. 59, dated 01.03.2012, under Sections 406, 498A, 120-B, IPC, P.S. Div. No. 6, Ludhiana, be quashed by the Hon'ble High Court against all the accused person of this case. There is no other case pending between us. I have made this compromise as well as this statement with my sweet will and consent and without any pressure and coercion in any manner.";


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