LAWS(P&H)-2019-7-85

AKVINDER SINGH GOSAL Vs. STATE OF PUNJAB

Decided On July 08, 2019
Akvinder Singh Gosal Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Present petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No.03 dated 03.01.2014, under Sections 420 , 465 , 468 , 471 and 120-B of the Indian Penal Code, registered at Police Station City Roopnagar, District Roopnagar along with all consequential proceedings arising therefrom on the basis of compromise entered into between the parties i.e. petitioners as well as respondent No.2. As per the allegations in the FIR, the marriage of the complainant was solemnized with petitioner No.1 on 25.01.1995 as per Hindu rites. Out of the said wedlock two sons, namely Harsimranjit Singh and Inderjot Singh were born. On 06.12.1997, the complainant was thrown out of her matrimonial home, at that time she was in the family way at advanced stage. Despite above, accused-petitioners used to harass the complainant and her old age parents. The petitioners used to demand dowry. Greed of the petitioner No.1 and his parents was to such an extent that they started harassing the complainant for more dowry items as well as cash. Not only this, they also tried to kill the complainant by tying her neck with the telephone wire. Petitioner No.1 and his parents forced the complainant to leave Delhi and accompany them to Mohali/SAS Nagar and settle there, so that the ailing mother of the complainant could be deprived of any assistance, care and company of the complainant, as she is the only daughter of her parents. When the complainant refused to accompany them, petitioner No.1 and his parents became cruel towards her as well as minor son's life. Further allegation is that petitioner No.1 has filed a false and frivolous suit against the complainant, which was subsequently dismissed by the Court due to non-appearance on 25.01.2001.Petitioner No.1-accused has also forged the signatures of the complainant-respondent No.2.

(2.) Heard learned counsel for the parties and perused the paper book. On 29.01.2019, while issuing notice of motion the following order was passed by this Court:

(3.) In terms of above order, the statements of the parties were recorded by learned Chief Judicial Magistrate, Rupnagar and submitted a report dated 06.03.2019. The operative part of the same reads as under:-