HARJEET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Harmeet Singh has filed this petition under Section 482 Cr. P.C. for quashing of First Information Report No. 15 dated 18.2.1989 registered at Police Station Ghagga Annexure P 11 and order dated 22.1.1991 framing charge for offences under Section 406, 498-A and I.P.C.

(2.) The brief facts giving rise to the filing of this petition arc that petitioner was married to Kamaljit Kaur daughter of Harpal Singh respondent No. 2 in March, 1988. Out of this wed lock a female child named Jaskirat Kaur was born in December 1988. Some misunderstanding developed between the petitioner and his wife and she left her matrimonial home in March, 1988 and thereafter she did not return. Her father lodged report Annexure P11 against the petitioner and another. The petitioner was charged in that case for the various offences referred above. He is facing trial since 1991 but the case had not made any remarkable headway and even the prosecution evidence had not been concluded.

(3.) The petitioner alleged that he had entered into a compromise with respondent No. 2 and his daughter Kamaljit Kaur and they had decided to part company for ever and snap their matrimonial tics. Respondent No. 2 and Kamaljit Kaur had sworn affidavits to the effect that they did not want to persue the criminal case arising out of the First Information Report Annexure P-I as they had already received dowry articles. Since both the parties had sellied their disputes amicably the continuation of proceedings in these circumstances were to hamper the process of normal is action of relations. Although the offences under Sections 498-A and 506 I.P.C. were not compoundable yet the first information report was liable to be quashed as no useful purpose was to be served by continuing the proceedings. Alongwith the petition copy of the compromise-deed Annexure P/3 and affidavits of Harpal Singh and Kamaljit Kaur Annexure P14 and P/5 were produced. Subsequently the petitioner also produced certified copy of the judgment dated 5.10.1993 passed by District Judge, Chandigarh in a petition under Section 13-B of the Hindu Marriage Act presented by the petitioner and his wife Kamaljit Kaur. Vide this judgment a decree of divorce dissolving the marriage of the petitioner with Kamaljit Kaur was passed.