GURPREET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an application under Section 482 of the Code of Criminal Procedure for recalling the order dated 12.08.2013, passed in CRM -M -21538 of 2013, vide which FIR No. 43 dated 16.11.2012, registered under Sections 406, 498 -A IPC at Police Station Women, Patiala; and all consequential proceedings arising therefrom were quashed qua the husband Gurpreet Singh, on the basis of compromise arrived at between the parties. Learned counsel for the applicants submits that on the basis of the compromise and the statements of the parties recorded by the Judicial Magistrate 1st Class, Patiala on 24.07.2013, the impugned FIR as stated above was quashed by this Court vide order dated 12.08.2013. On 07.09.2013, the petitioner under Section 13 -B of the Hindu Marriage Act, 1955, came up for recording the second statement of the parties. Gurpreet Singh, the husband, refused to record his statement in terms of the compromise after getting rid of the criminal proceedings which was quashed by this Court on the basis of the compromise. It is argued that the husband after availing the benefit of the order dated 16.11.2013, passed by this Court in CRM -M -21538 -2013, whereby the FIR was quashed, cannot be allowed to resile at this stage. He prays that the impugned FIR may be revived.

(2.) THOUGH no reply to the application has been filed, however, the learned counsel for the non -applicant/petitioner, states that it is the wife, who has not complied with the terms and conditions of the compromise.

(3.) I have heard the learned counsel for the parties and perused the paper book.