SURJEET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE contour of the facts and material, culminating in the commencement, relevant for deciding the instant petition and emanating from the record, is that, initially, in the wake of complaint of complainant Amandeep Kaur, daughter of Gurmeet Singh-respondent No.2 (for brevity "the complainant"), a criminal case was registered against petitioners-accused Surjeet Singh son of Dhanna Singh and others, vide FIR No.87 dated 22.8.2011 (Annexure P-1), on accusation of having committed the offences punishable under Sections 498-A & 406 read with section 34 IPC, by the police of Police Station Kot Bhai, District Muktsar.

(2.) AFTER completion of the investigation, the police submitted the final police report (challan). Consequently, the petitioners-accused CRM No. M-38469 of 2012 (O&M) 2 were accordingly charge-sheeted for the commission of the indicated offences by the trial court and the case was slated for evidence of the prosecution.

(3.) HAVING compromised the matter, now the petitioners-accused have preferred the present petition, to quash the impugned FIR (Annexure P-1) and all other subsequent proceedings arising therefrom, invoking the provisions of Section 482 Cr.PC, inter-alia, pleading that with the intervention of respectables of the village panchayat and relatives, both the parties have effected the compromise (Annexure P2). They have decided not pursue the litigation pending against each other. In pursuance of the terms & conditions of the compromise, the parties have instituted a petition for divorce by way of mutual consent u/s 13-B of the Hindu Marriage Act, 1955 (hereinafter to be referred as "the Act"). It is not a matter of dispute that the marriage between petitioner No.1 and complainant has already been dissolved by a decree of divorce of mutual consent. They have redressed their grievances. The complainant has no objection, if the criminal case registered against the petitioners-accused, by virtue of FIR (Annexure P-1) is quashed. On the strength of aforesaid grounds, the petitioners-accused sought to quash the impugned FIR (Annexure P-1) and all other subsequent proceedings arising therefrom, in the manner depicted here-in-above.