JASWANT SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) The present petition under Section 482 of the Code of Criminal Procedure (in short 'Cr.P.C.') has been preferred for quashing of FIR No.47 dated 28.03.2014 registered in Police Station Division No.8, Jalandhar for offence punishable under Section 376 of the Indian Penal Code (in short 'IPC') and proceedings emanating therefrom, on the basis of compromise.

(2.) Counsel for the petitioner contends that the accused (petitioner) is the real brother of husband of the complainant (respondent No.2) and the present case is the outcome of family / matrimonial dispute between the parties. The petitioner has three children and he along with his family is residing in the same house where the complainant is living after marriage.

(3.) The marriage of the brother of the petitioner with the complainant was solemnised on 27.11.2013 and he went back to Itly on 16.12.2013. It is argued with vehemence that as dispute between the parties has been settled by way of compromise which would further create harmony in marital relations of the complainant with her husband and his family members, the parties may be allowed quashing of the proceedings in view of compromise (Annexure P2). In support of his contention, he has referred to the judgments of this Court Sewa Singh Vs. State of Punjab and another, CRM-M-13715-2010 decided on 03.08.2010; Surinder Kamboj and others Vs. State of Punjab and another, 2008 1 RCR(Cri) 21; Talwinder Singh @ Laddi and another Vs. State of Punjab and another, 2008 3 RCR(Cri) 970, Harpal Singh @ Soni Vs. State of Haryana and others, 2008 4 RCR(Cri) 459.