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Gagandeep Singh Sandhar And … vs State Of Punjab And Another on 8 May, 2019

273.
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CRM-M-55153-2018
Date of decision:08.05.2019

GAGANDEEP SINGH SANDHAR AND ORS. … Petitioners

Versus

STATE OF PUNJAB AND ANR. …. Respondents

CORAM: HON’BLE MR. JUSTICE HARI PAL VERMA
—-

Present: Mr. Sanjay Gupta, Advocate,
for the petitioners.

Mr. Jagmohan Ghumman, DAG, Punjab,
for respondent No.1.

Mr. Deepak Gupta, Advocate,
for respondent No.2.

—-

HARI PAL VERMA, J.(Oral)

Prayer in this petition filed under Section 482 Cr.P.C. is for

quashing of F.I.R. No.114 dated 31.10.2016 registered under Sections 406,

Section498A, Section420 of IPC at Police Station Bajakhana, District Faridkot (Annexure

P-1) on the basis of compromise dated 15.11.2018 (Annexure P-2) and

statement of the parties recorded in divorce petition filed under Section 13-B

of Hindu Marriage Act.

Vakalatnama filed on behalf of respondent No.2 (through her

attorney Uttam Singh) in court today, is taken on record.

Counsel for the petitioners has argued that a compromise dated

15.11.2018 (Annexure P-2) has been entered between the parties. Petitioner

No.1-Gagandeep Singh Sandhar is the husband, whereas respondent No.2-

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12-05-2019 03:32:16 :::
CRM-M-55153-2018 -2-

Rankaljeet Kaur Brar is the wife and both are living abroad. He states that

since the matter has been compromised between the parties and a divorce

petition under Section 13-B of Hindu Marriage Act is pending before the

matrimonial court which is based on the compromise (Annexure P-2), the

FIR deserves to be quashed.

Learned State counsel, on instructions from ASI Balraj Singh,

states that in the aforesaid FIR, police has investigated the matter and has

prepared a cancellation report in the case which has already been presented

before the concerned court on 03.04.2019 and is pending consideration

before the trial Court for 20.05.2019.

Heard.

Since the police has already prepared cancellation report and

the same has been submitted before the trial Court which is pending before

it, the present petition is disposed of with a direction to the trial Court to

consider the cancellation report and pass appropriate orders accordingly.

It is made clear that in case the trial Court fails to compound the

offences, the petitioners would be at liberty to revive the present petition.

(HARI PAL VERMA)
JUDGE
08.05.2019
sanjeev
Whether speaking/reasoned? Yes/No
Whether reportable? Yes/No

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12-05-2019 03:32:16 :::

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