JATINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under Section 482 Code of Criminal Procedure for quashing/setting aside the FIR No. 126 dated 18.07.2008 under Sections 498-A, 120-B IPC (subsequently added Section 307 IPC) registered at Police Station Garhshankar, District Hoshiarpur and all subsequent proceedings arising therefrom in view of the compromise dated 13.10.2010 effected between the parties.

(2.) The Petitioner No. 1 is the husband, Petitioner No. 2 is the father-in-law and the Petitioner No. 4 is the sister-in-law of Respondent No. 2 and Petitioner No. 3 is a relative of Petitioners No. 1, 2 and 4. An affidavit has also been filed by the complainant-Respondent/Amandeep kaur affirming the factum of compromise. It is stated by her that she has no objection, if the proceedings against the present Petitioners are quashed.

(3.) There is no dispute that the matter has been compromised and the compromise is genuine. Normally this Court would not interfere or quash the proceedings under Section 307 IPC, however, the facts and circumstances have moved the Court to exercise jurisdiction under Section 482 Code of Criminal Procedure and accept the compromise in the peculiar situation of the present case. The FIR, herein, is an outcome of a matrimonial dispute between the families. As already stated, Petitioner No. 1 is the husband, Petitioner No. 2 is the father-in-law and the Petitioner No. 4 is the sister-in-law of Respondent No. 2 and Petitioner No. 3 is a relative of Petitioners No. 1, 2 and 4. A perusal of the said compromise shows that with the intervention of the respectable, the matter has been compromised and the Petitioners, as well as, Respondent No. 2 have decided to finish all their cases against each other and to take divorce from each other. It has further been decided that the Petitioners would pay Rs. 5.50 lacs to the Respondent No. 2 in lieu of past, present and future maintenance, including all expenses. It has further been agreed that the Petitioners would file a petition under Section 482 Code of Criminal Procedure for quashing of First Information Report and the subsequent proceedings and in the said proceedings, the Respondent No. 2 would make a statement, stating that the First Information Report and all subsequent proceedings be quashed. It has further been stated that the said compromise has been entered into voluntarily with their sweet will and without any pressure from any side. The said compromise is genuine and bona fide and would help in permanently resolving the matrimonial dispute between the Petitioner No. 1 and Respondent No. 2.