BALJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY way of this petition under Section 482 of the Code of Criminal Procedure, 1973 (for brevity, the Code), petitioners, the accused in FIR No.117 dated 14.11.2007 (Annexure P -1) registered under Section 406 of the Indian Penal Code (for short, 'the IPC') read with Section 4 of the Prevention of Dowry Act, at Police Station Goindwal Sahib, District Tarn Taran, seek quashing of the aforesaid FIR saying that the matter has been amicably settled between them and complainant/respondent No.2 as evidenced by the compromise deed dated 08.11.2013 (Annexure P -2).

(2.) IN the FIR, Annexure P -1, it was alleged by respondent No.2 that on 13.11.2007, at the time of Sagun ceremony of her daughter and petitioner No.2, he had given some dowry articles to the petitioners and marriage was proposed to be solemnized on 17.11.2007. But the marriage could not be solemnized as the petitioners had demanded a car and other dowry articles at the time of marriage from the complainant/respondent No.2. Now, in terms of the compromise, the complainant/respondent No.2 has received Rs.3 lacs towards full settlement of their claims. This satisfies complainant's claim against the petitioners.

(3.) WHILE issuing notice of motion, the Illaqa Magistrate was asked to record statements of the parties concerned to find out if the compromise is outcome of free will and consent of the parties and is free from any undue influence/pressure/coercion. The Illaqa Magistrate has submitted a report dated 07.11.2013 affirming that the compromise is outcome of free will and consent of the parties and is free from any undue influence/pressure/coercion. Complainant/respondent No.2, who is being represented by his counsel, has also no objection if the afore -stated FIR and proceedings arising therefrom are quashed, as he has settled the matter with the petitioners by way of the compromise.