SARABJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SARABJIT Singh -petitioner has filed this petition under Section 482 Cr.P.C. praying for quashing of FIR No. 42 dated 8.6.2013 (Annexure -P. 1) registered for the offences under Sections 498 -A and 406 IPC at Police Station Kotbhai, District Muktsar and all subsequent proceedings arising therefrom in view of the compromise dated 25.1.2014 (Annexure -P. 2).

(2.) THE marriage of the petitioner was solemnized with complainant -Gurbinder Kaur on 5.12.2008 according to Sikh rites and ceremonies at Jaitu. After the marriage, the petitioner and respondent No. 2 lived as husband and wife at Kharar in the house of the petitioner. However, no child was born out of this wedlock. Due to temperamental differences and due to different nature and thoughts, the parties could not adjust themselves with each other and it became quite impossible for the petitioner and respondent No. 2 to live as husband and wife under one and the same roof. Therefore, respondent No. 2 left the company of the petitioner in March 2013 and started residing at her parental house and got registered the above said FIR for the above mentioned offences against the petitioner. Now with the intervention of respectable persons of the area and relatives from both the sides, the matrimonial dispute has amicably been resolved as husband and wife have decided to part ways by filing petition seeking divorce by mutual consent and compromise (Annexure -P. 2) has been entered into between the parties.

(3.) LEARNED Assistant Advocate General, Punjab, on instructions from the Investigating Officer admits the factum of compromise and submits that in case the parties have indeed settled their matrimonial dispute, the State would have no objection to the quashing of the FIR in view of the law laid down by the Hon'ble Supreme Court.