HARMINDER PAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order will dispose of above noted three miscellaneous petitions which have been filed seeking the quashing of FIR No.393, dated 07.12.2007, registered under Sections 498-A & 406 IPC, at Police Station, Division No.4, Jalandhar, District Jalandhar, at the instance of respondent No.2, alleging that she had been maltreated by her husband Jagpreet Singh and other family members, who are petitioners, on account of demand of dowry. The quashing of FIR has been prayed for on the basis of compromise, having been arrived at between the complainant and her husband. Counsel for the parties inform that a petition for divorce has already been filed subject to certain terms and conditions which included payment of some lump sum amount to the complainant. Parties agree that the said amount has already been received by respondent No.2. The complainant had also undertaken to withdraw all the litigation pending against the petitioners in any Court. It has even been undertaken today that any other case pending against any of the petitioners will be withdrawn by respondent No.2, as agreed. The suit for injunction filed by petitioner No.2, Jagpreet Singh, will also be withdrawn within a period of one week.

(2.) In view of above circumstances, FIR No.393, dated 07.12.2007, registered under Sections 498-A & 406 IPC, at Police Station, Division No.4, Jalandhar, District Jalandhar, and all the criminal proceedings emanating therefrom can be quashed on the basis of compromise as per the judgments in case B.S.Joshi and othres Vs. State of Haryana and another,2003(2), RCR (Crl.), Page 888 and Kulwinder Singh Vs. State of Punjab, 2007(3), Law Herald (Punjab & Haryana), Page 2225. The petition is allowed.

(3.) FIR No.393, dated 07.12.2007, under Sections 498- A & 406 IPC, at Police Station, Division No.4, Jalandhar, District Jalandhar, registered at the instance of Navneet Kaur, respondent No.2, and all the proceedings emanating therefrom are hereby quashed on the basis of compromise. It is made clear that in case the parties subsequently resile from the undertaking given, it will be open to the other party to approach this Court for necessary action in accordance with law for willful breach of undertaking. The case property will be handed over to complainant-respondent No.2, by the