JUDGEMENT
Mehinder Singh Sullar, J. -
(1.) TERSELY , the facts and material, culminating in the commencement, relevant for disposal of the instant petition and emanating from the record, is that, initially in the wake of complaint of complainant Gurwinder Kaur wife of Tarlochan Singh daughter of Balihara Singh -respondent No. 2 (for brevity "the complainant"), a criminal case was registered against the petitioner -accused Tarlochan Singh son of Ghuman Singh, vide FIR No. 103 dated 16.09.2009 (Annexure P -1), on accusation of having committed the offence punishable under Section 498A IPC, by the police of Police Station Sadar Dhuri, District Sangrur. After completion of the investigation, the police submitted the final police report (challan). Consequently, the petitioner -accused was charge -sheeted for the commission of the indicated offence and the case was slated for evidence of the prosecution.
(2.) DURING the pendency of the criminal case, good sense prevailed and the parties have amicably settled their matrimonial disputes, by means of compromise dated 29.11.2012 (Annexure P -2). Having compromised the matter, now the petitioner -accused has preferred the present petition, to quash the impugned FIR (Annexure P -1) and all other subsequent proceedings arising therefrom, invoking the provisions of Section 482 Cr.PC, inter -alia, pleading that now with the intervention of the respectables and the panchayat, the matter has been amicably compromised between the parties. They have settled their matrimonial disputes. As per terms and conditions of the compromise, they have already filed a joint petition for dissolution of their marriage by way of mutual consent under Section 13 -B of the Hindu Marriage Act (hereinafter to be referred 'the Act'), in which their joint statements (Annexure P -3) has been recorded and case was adjourned for further consideration, after lapse of statutory period of six months, vide order dated 29.11.2012 (Annexure P -4). The complainant has no objection, if the criminal case registered against the petitioner -accused, by virtue of impugned FIR (Annexure P -1) is quashed. On the strength of aforesaid grounds, the petitioner -accused sought to quash the impugned FIR (Annexure P -1) and all other subsequent proceedings arising therefrom, in the manner depicted hereinabove.
(3.) DURING the course of preliminary hearing, the trial Court, was directed to record the statements of all the concerned parties, with regard to the genuineness and validity or otherwise of the compromise (Annexure P -2) between them, by this Court, by way of order dated 10.01.2013.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.