ARSHDEEP SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal misc. Petition has been filed under Sec. 528 of BNSS (482 Cr.P.C.) for quashing of FIR No. 384/2022 registered at Police Station Sangaria, Hanumangarh for the offence under Ss. 498-A, 420, 406 and 323 of IPC.

(2.) It is submitted by learned Counsel for the petitioner that The complainant/ victim-Gurveer Kaur is presently residing in Surrey, British Columbia, Canada. She lodged the FIR on 22/6/2022 at Police Station Sangaria, Hanumangarh for offence under Ss. 498-A, 420, 406 and 323 of IPC. At the time of lodging of the FIR, her father Hardeep Singh was accompanying her and the above fact is mentioned in the initial lines of the FIR itself. The FIR recites about her wedding with accused Arshdeep Singh Chahal and then subjecting her to cruelty and denying from returning her property. Based on the above report, the investigation was commenced.

(3.) On the strength of the above, special power of attorney, her father Hardeep Singh has executed an affidavit to the effect that the compromise has been arrived at in between them and they have settled the dispute and decided to dissolve the marriage by mutual consent and a petition under Sec. 13-B of Hindu Marriage Act has also been filed. The affidavit assures that the victim Gurveer does not want to pursue the criminal case and has no objection if the FIR is quashed. Since Smt. Gurveer is presently residing in Canada and, therefore, she is unable to appear before this Court for furnishing the compromise settlement, therefore, she appointed her father as special power of attorney holder.