313.
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-21987-2019
Date of decision: 12.03.2020
Jaspreet Singh … Petitioner
versus
State of Punjab and Anr. …. Respondents
CORAM: HON’BLE MR. JUSTICE HARI PAL VERMA
—-
Present: Mr. S.S. Behl, Advocate, for the petitioner.
Ms. Ruchika Sabherwal, AAG, Punjab,for respondent No.1.
Respondent No.2 in person.
—-
HARI PAL VERMA, J.(Oral)
Prayer in this petition filed under Section 482 Cr.P.C. is for
quashing of F.I.R. No.0031 dated 07.10.2016 registered under Sections
406/498A of IPC at Police Station Women, District SAS Nagar, Mohali.
Learned counsel for the petitioner, while referring to the
settlement/compromise dated 25.04.2019, submits that the matter has been
compromised between the parties and even a decree of divorce under Section
13-B of Hindu Marriage Act has been passed whereby the marriage of the
parties has been dissolved by the learned Additional District Judge,
Chandigarh, vide order dated 07.02.2020. He has produced a certified copy of
the judgment passed in petition filed under Section 13-B of Hindu Marriage
Act.
The parties including respondent No.2-complainant, namely,
Mandeep Kaur are present in person.
Mr. Behl, learned counsel for the petitioner, on the basis of
identification made by the petitioner, identified respondent No.2-complainant.
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The complainant has been interacted by this Court and she has fairly submitted
that she has no objection in case the present FIR is quashed qua the petitioner
as the matter has been compromised and a decree of divorce has been passed.
Having heard learned counsel for the parties and noticing the fact
that the matter has been settled between the parties before the Mediation and
Conciliation Centre of this Court in CRM-M-14673 of 2017 titled as
Sukhchain Singh and another Versus State of Punjab and another vide
settlement/ compromise dated 25.04.2019, coupled with the fact that decree of
divorce granted by the learned Additional District Judge, Chandigarh in
proceedings under Section 13-B of Hindu Marriage Act whereby the marriage
between the parties has been dissolved, this Court finds that no useful purpose
would be served to keep the proceedings alive as the matter has been settled
between the parties.
In view of the above the present petition is allowed and F.I.R.
No.0031 dated 07.10.2016 registered under Sections 406/498A of IPC at Police
Station Women, District SAS Nagar, Mohali is quashed qua the petitioner,
however, that would be subject to payment of costs of Rs.10,000/- to be
deposited by the petitioner with the Government Medical College and Hospital,
Sector 32, Chandigarh, within one month from today. The Medical
Superintendent shall ensure that the amount so deposited by the petitioner is
utilized for the welfare of poor patients only.
(HARI PAL VERMA)
JUDGE
12.03.2020
manju
Whether speaking/reasoned? Yes/No
Whether reportable? Yes/No
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