SATNAM SINGH Vs. STATE OF PUNJAB
LAWS(P&H)-2014-1-411
HIGH COURT OF PUNJAB AND HARYANA
Decided on January 13,2014

SATNAM SINGH Appellant
VERSUS
STATE OF PUNJAB Respondents

JUDGEMENT

- (1.) FIR No.87 dated 14.9.2013 under Sections 498 -A, 406, 420, Indian Penal Code, was registered at Police Station Kathu Nangal, District Amritsar Rural, on the statement of Ranjot Kaur daughter of Malkiat Singh, resident of Village Harrian, District Amritsar, who alleged as under : - "Her marriage was solemnized on 5.6.2001 according to Sikh customs and rituals. A few days before her marriage, her father got a telephone call from her inlaws stating that their relatives belong to high status; therefore marriage should take place with pomp and show. Scorpio vehicle was demanded in the dowry. At this demand, her parents were quite perturbed. But in order to settle her, and due to keeping their honour, marriage took place in Heaven Resort, Nag Kalan with pomp and show. At her marriage, around 20 tolas gold was given as token of respect to her in -laws and their relatives. Her in -laws informed them one day before marriage to which relative and to whom gold ornaments should be given. The number of relatives was informed. Her parents gave gold to her in -laws as per their demand. Besides, as per demand of inlaws, dowry was also given. As the price of vehicle was quite high, her parents were helpless to give vehicle. Her in -laws village is Kaler Kalan and in Bombay above mentioned address is their house. Around two days after the marriage, her in -laws, her husband Kamaldeep Singh, father -in -law Satnam Singh, and mother -in -law Jasbir Kaur started nagging her that her parents have let down and insulted them by not giving vehicle. Around 15 days after the marriage, her in -laws brought her to Bombay and after reaching there, started thrashing and beating her. They started ill -treating her. Her in -laws removed all the servants of the home and abused her by stating that her parents have insulted them. Therefore, whole household chores were assigned to her and, whenever, they went outside for some work, they used to confine her in the room. They never allowed her to use mobile phone so that she should not share anything with her parents. Her husband and her mother -in -law thrashed her and stated that she should demand big car from them on telephone, otherwise they will not allow her to settle down in the house. She pleaded earnestly that her parents have already given dowry beyond their capacity. So, her parents were not in position to give big car. At this, her in -laws started committing atrocities on her. One day during cleaning drive at home, she saw many photographs of her husband with other woman. The maid servant of the in -laws told her that her husband is already married. Her first wife was kicked out of the house by thrashing her. After few days, on the pretext of purchasing flat, her in -laws compelled her to bring Rs. 10 lac from her parents. After her refusal, they thrashed her severely and compelled her to give a call to her father. Her father told her that it is a big amount. He will make arrangements and then inform. After two days, her in -laws said that they are sending her to her parents house and she should bring money from her parents. If they cannot give money, then she should take her share by selling the property. Her in -laws took plane ticket for her from Bombay to Rajasansi (Amritsar) and informed her father that they have sent his daughter and he should take charge of her at airport. After that, her father took her from Rajasansi Airport. After reaching the house, she told the whole story to her parents and showed her mother all the wounds on her body. When her father asked her husband to explain the matter, then he told that her daughter is not up to mark. If he wanted to settle her in their house, then he should send her along with Rs. 10 lac; otherwise they will not keep her in their house."
(2.) PETITIONERS as well as respondent No.2 entered into a compromise. So, the petitioners, at the instance of the respondent No.2, filed the present petition under Section 482, Code of Criminal Procedure, for quashing of the FIR and the resultant proceedings arising, therefrom, on the basis of compromise dated 21.10.2013 (Annexure P -2).
(3.) AT the time of presentation of the petition, notice of motion was issued to the respondents and, at the same time, the Magistrate, having the jurisdiction, was directed to intimate (i) as to how many total accused are involved in this case, (ii) to record the statements of all the concerned parties, with regard to the genuineness and validity or otherwise of the compromise (Annexure P -2) and (iii) to send its report to this Court before the next date of hearing. Report of Additional Chief Judicial Magistrate, Amritsar, bearing No.2036 dated 20.11.2013, has been received to the effect that the parties have compromised the matter and the settlement has been genuinely effected. This report has been taken on the record. This report is accompanied by the statements of Jasvir Kaur (petitioner No.2, herein), Satnam Singh (petitioner No.1, herein) and Ranjot Kaur (respondent No.2, herein), wherein, they have testified that they have effected compromise and Ranjot Kaur (complainant) does not want to pursue the allegations levelled in the FIR, in question, against the petitioners. She also testified that she has no objection if the FIR, in question, is quashed by this Court. Statements of Jasvir Kaur (petitioner No.2, herein) and Satnam Singh (petitioner No.1, herein), also indicate so.;


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