HARVINDER SINGH Vs. STATE OF PUNJAB AND ANR

JUDGEMENT

(1.) Present petition under Section 482 Code of Criminal Procedure is for quashing of FIR No. 44 dated 18.10.2009 under Section 376 of the Indian Penal Code, registered with Police Station Garhdiwal, District Hoshiarpur and the subsequent proceedings on the basis of compromise dated 13.4.2010(Annexure P-2) arrived at between the accused/petitioners and the complainant.

(2.) In the FIR complainant Smt. Shama Rani had made allegations against the accused-petitioner that in the year 1997 she was married to one Davinder, resident of Amritsar and had two kids from him. Around four years back she got divorce from him as he used to beat him and the kids are with Davinder. Thereafter she was married to one Mukesh Anand, resident of Pritam Nagar, Kartarpur, District Jalandhar and during that period she came into contact with petitioner/accused Harvinder Singh @ Lovely. She thereafter divorced her second husband as he was handicapped. It is alleged that petitioner Harvinder Singh @ Lovely used to say that he would marry the complainant and under this garb, he used to commit rape with her whenever she used to go to Lovely's house. He(petitioner) used to sexually abuse her and now he has refused to marry her.

(3.) Upon notice Mr. G.P. Singh Ahluwalia, Advocate has put in appearance on behalf of respondent No. 2. Respondent No. 2 is also present in the court, who has been identified by her counsel. She has filed an affidavit dated 25.08.2010 which is taken on record. In the affidavit she has stated that the dispute between the petitioner-accused and her has been amicably settled and she does not wish to prosecute the petitioner any further and has no objection if the aforementioned FIR is quashed. Her statement has also been recorded separately.