KAMALDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE matrix of the facts and material, culminating in the commencement, relevant for disposal of the instant petition and emanating from the record, is that, initially in the wake of complaint of complainant Gurdev Singh Garcha son of Hazara Singh-respondent No.2 (for brevity "the complainant"), a criminal case was registered against the petitioners- accused Kamaldeep Singh son of Gurbachan Singh Brar and his parents, vide FIR No.50 dated 12.06.2012 (Annexure P-2), on accusation of having committed the offences punishable under Sections 498-A and 406 read with Section 34 IPC, by the police of Police Station Chamkaur Sahib, District Rupnagar.

(2.) DURING the course of investigation of the case, good sense prevailed and the parties have amicably settled their disputes, by means of compromise/affidavits of petitioner (Annexure P-1) and complainant (Annexure P-1 Colly), joint statement of the parties in matrimonial dispute (Annexure P-3) and judgment & decree dated 04.03.2013 (Annexure P-3 Colly), by virtue of which, the marriage of Kamaldeep Singh and Gurpreet Kaur was dissolved by a decree of divorce, by mutual consent under Section 13-B of the Hindu Marriage Act, 1955 (hereinafter to be referred 'the Act').

(3.) NOW the petitioners-accused have preferred the present petition, after dissolution of marriage, to quash the impugned FIR (Annexure P-2) and all other subsequent proceedings arising therefrom, invoking the provisions of Section 482 Cr.PC, inter-alia, pleading that with the intervention of the respectables, the parties have amicably settled their disputes. Petitioner Kamaldeep Singh and Gurpreet Kaur (daughter of the complainant) have agreed to part their ways peacefully and decided to get their marriage dissolved, by a decree of divorce, by mutual consent. The complainant and his daughter have no objection, if the criminal case registered against the petitioners-accused, by means of impugned FIR (Annexure P-2) is quashed. On the strength of aforesaid grounds, the petitioners-accused sought to quash the impugned FIR (Annexure P-2) and all other subsequent proceedings arising therefrom, in the manner depicted hereinabove. During the course of preliminary hearing of 1st case, the