HARMINDER SINGH Vs. AMANPREET KAUR

JUDGEMENT

(1.) THE epitome of the facts, which needs a necessary mention for a limited purpose of deciding the core controversy involved in the instant petition and emanating from the record, is that the marriage of complainant Amanpreet Kaur (respondent No.1) was solemnized with petitioner Harminder Singh on 4.2.2001 according to Sikh rites at Hoshiarpur. After solemnization of the marriage, they resided together and cohabited as husband and wife and one child was born out of the said wedlock. THEy could not adjust with each other and started residing separately since 12.7.2004. THE petitioner demanded the share in the property of father of the complainant and asked her to bring Rs.2 lacs in cash. THE parents of the complainant gave sufficient dowry articles in the marriage, but the petitioner was not satisfied with the same. THEreafter, he started harassing her.

(2.) LEVELLING a variety of allegations and narrating the sequence of events, in all, according to the complainant that the petitioner-accused treated her with cruelty in connection with and on account of demand of dowry. On the basis of aforesaid allegations and in the wake of complaint of the complainant, the present case was registered against the petitioner-accused, vide FIR No.236 dated 29.9.2004 (Annexure P5), on accusation of having committed the offences punishable under sections 406 and 498-A IPC by the police of Police Station Division No.6, Jalandhar.

(3.) IN this manner, now the petitioner has filed the present petition for quashing the FIR (Annexure P5) and all subsequent proceedings thereto on the basis of compromise, invoking the provisions of section 482 Cr.PC, inter-alia, pleading that the parties have mutually agreed to live separately from each other. IN pursuance of the compromise, they have already filed a divorce petition by way of mutual consent under section 13-B of the Hindu Marriage Act. IN her statement (Annexure P1), she stated that the petitioner agreed to pay her a total sum of Rs.2,90,000/- for her and minor child's maintenance. She has already received Rs.1,45,000/- and balance amount shall be paid at the time of disposal of divorce petition. She also alleged that the child will remain in her custody and the petitioner has no right to claim his custody. The complainant has no objection if the FIR is quashed.