HARI SINGH AND ORS. Vs. GURMUKH SINGH AND ORS.
LAWS(P&H)-2014-12-38
HIGH COURT OF PUNJAB AND HARYANA
Decided on December 22,2014

Hari Singh and Ors. Appellant
VERSUS
Gurmukh Singh And Ors. Respondents

JUDGEMENT

- (1.) This petition has been filed under Section 482 Cr.P.C. praying for quashing of F.I.R. No. 328 dated 26.9.2014 (Annexure-P. 1) registered for the offence under Section 365 I.P.C. at Police Station Kotwali, District Bathinda and all subsequent proceedings arising therefrom in view of the compromise (Annexure-P. 2). The F.I.R. has been registered on the statement of complainant-Gurmukh Singh on the allegations that his daughter Rekha was married to Satnam Singh on 18.6.2014 as per Guru Mariada. On 25.7.2014, on the occasion of 'Raksha Bandhan' she was brought by her brother Gurnam Singh from Bathinda to Bharatpur. She told that her mother-in-law Veeran, husband Satnam Singh, father-in-law Hari Singh, sister-in-law Seema and other sisters-in-law used to harass her by saying that she had not brought dowry and after that the complainant called Hari Singh and Veeran Kaur to Bharatpur to talk to them, who came to him on 19.8.2014 in the evening. He told them that three months time was settled to give the dowry articles, but their family is taunting his daughter on account of dowry. He also complained to Veeran that Satnam Singh had given beatings to Rekha on two/three occasions. His relatives Hari Singh and Veeran took Rekha on 20.8.2014 after giving him assurance not to harass her in future. On 21.8.2014 at 1.30 p.m. his son-in-law Satnam Singh informed him on telephone that Rekha is not present at home. On reaching Bathinda from Bharatpur he inquired about his daughter, but could not find her. Now with intervention of respectable persons, the matrimonial dispute has been amicably settled between the parties and the husband and wife have decided to part their ways by getting a decree of divorce by way of mutual consent and compromise has been effected.
(2.) Keeping in view the fact that the parties have entered into a compromise, they were directed to appear before learned trial Court for getting their statements recorded in support of the compromise. After doing the needful, learned Chief Judicial Magistrate, Bathinda has sent his report dated 15.12.2014 submitting that the compromise arrived at between the parties is without any pressure or coercion from any one and the same is genuine one. Complainant Gurmukh Singh alias Surmukh Singh and Ravinder Kaur alias Rekha have stated that they have effected a compromise with the accused persons. They do not want to proceed with present case and have no objection if the aforesaid F.I.R. is quashed. The compromise has been effected with the intervention of the respectable persons and now they have no grudge against the accused persons. Learned Assistant Advocate General, Punjab, on instructions from the Investigating Officer and learned counsel for complainant-respondents No. 1 and 2 admit the factum of compromise and submit that in case the parties have indeed settled their dispute, the State would have no objection to the quashing of the F.I.R. in view of the law laid down by the Hon'ble Supreme Court.
(3.) I have heard learned counsel for the petitioners as well as learned Assistant Advocate General, Punjab and learned counsel for complainant-respondents No. 1 and 2 and have gone through the record.;


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