BALDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order shall dispose of Crl. M. Nos. 48416-M of 2006 and 48410-M of 2006.

(2.) BOTH petitions, arise from a matrimonial dispute between Gursahib Diyal Singh Bhullar, the husband and Kamaljeet Kaur, his wife. In Crl. M. No. 48416-M of 2006 prayer is for quashing of FIR No. 81 dated 3.5.2004 registered under Sections 498-A, 406, 120-B of the IPC at Police Station City Kotkapura, Distt. Faridkot whereas in Crl. M. No. 47410-M of 2006, prayer is for quashing of a private complaint titled as Joginder Singh v. Baldev Singh and others, filed under Sections 420, 498-A, 406, 313, 495, 120-B of the IPC.

(3.) GURSAHIB Diyal Singh Bhullar and Kamaljeet Kaur were married on 12.10.2003. On account of certain matrimonial differences Joginder Singh, on instructions from his daughter Kamaljeet Kaur, lodged the aforementioned FIR and complaint. In the FIR, the police has filed a final report under Section 173 of the Cr.P.C. whereas in the complaint, the petitioners have been summoned. During the pendency of the aforementioned proceedings, husband and wife arrived at a settlement and agreed to bring the marriage to an end. On that account, petitioner No. 4 and Kamaljeet Kaur were granted a certificate of divorce by the Supreme Court of British Columbia, vide order dated 11.7.2006. Parties also agreed that Kamaljeet Kaur and her father Joginder Singh had no objection to the quashing of the complaint and the FIR. They mutually agreed that Kamaljeet Kaur would be paid an amount of Rs. 12,50,000/- in discharge of her claims. The complainant, Joginder Singh s/o Johra Singh has filed an affidavit dated 29.9.2006, acknowledging the correctness of the aforementioned facts and has also placed a general Power of Attorney from Kamaljeet Kaur on record, duly certified as a true copy by Sh. P.S. Brar, Advocate. 4. Counsel for the petitioner has handed over a demand draft No. 138657 dated 27.9.2006 for Rs. 12,50,000/- drawn on Centurion Bank of Punjab Limited, to Joginder Singh, complainant, who is present in Court. Joginder Singh, states that he has no objection, if the FIR and the complaint are quashed.