KULJOT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed under Section 482 of the Code of Criminal Procedure seeking quashing of FIR No.266 dated 01.08.2018 registered under Section 376 Indian Penal Code at Police Station Division No.5, Ludhiana (Annexure P-l) and all subsequent proceedings arising therefrom in view of the compromise dated 29.07.2019 (Annexure P-4 ).

(2.) In brief, the facts of the case are that an FIR came to be registered on 01.08.2018 under Sections 376 IPC at Police Station Division No.5, Ludhiana in which it was stated that the petitioner-Kuljot Singh @ Sonu pressurized the complainant to marry him but when she refused to do so, one day finding her alone in house, he made physical relation with her without her consent. Kuljot Singh on the pretext of marriage made physical relations with her many times but later on, he refused to marry her. On 28.07.2018, the complainant disclosed everything to her parents and brothers. On the intervention of panchayat, Kuljot Singh @ Sonu and his family members agreed to solemnize marriage of Kuljot Singh with complainant on 01.08.2018 in Gurdwara Sahib. On the day of marriage, family of the complainant made all arrangements of marriage but they came to know from family members of Kuljot Singh that he had gone somewhere last night without telling anything. Kuljot Singh on the pretext of marrying her made physical relations with her but later on refused to do so and therefore, had committed fraud with her.

(3.) However, after lodging of the FIR, petitioner has solemnized marriage with the complainant on 31.10.2018 at Gurdwara Singh Sabha, Ludhiana and a compromise dated 29.07.2019 (Annexure P-4) has also been entered into whereby the complainant herein made a statement by way of affidavit that since the petitioner has solemnized marriage with her and they are living as husband and wife, she has no objection if the FIR lodged by her against the petitioner is quashed. Based on the said compromise, the instant quashing petition was filed.