Balbir Kaur and Others vs State of Punjab and Another

Gurdev Singh, J.—Heard.

Petitioners - Balbir Kaur, Sandeep Singh and Navdeep Singh, have filed this petition u/s 482 of the Code of Criminal Procedure for quashing the FIR No. 35 dated 24.4.2007, registered u/s 498-A IPC, in Police Station Verowal, District Tarn Taran (annexure P-1) got registered by respondent No. 2/complainant and the consequent proceedings on the basis of the compromise affected into between them and the said respondent.

The factum of the compromise has been admitted by respondent No. 2.

As per the directions issued by this Court, the trial Court recorded the statement of Respondent No. 2 and forwarded the same to this Court.

Respondent No. 2 in her statement has admitted that compromise which was got affected between her and the petitioners and a Panchayati divorce was obtained. She has received Rs. 37,000/- as lump sum maintenance. However, her gold ornaments were not handed over to her in spite of that compromise. On the previous date, the petitioners had agreed to pay Rs. 40,000/- to respondent No. 2 in lieu of those gold articles. That amount has been received by respondent No. 2 and her statement has been recorded to that effect.

Offence as mentioned in the FIR is not compoundable, but arises out of the matrimonial dispute. The parties have already entered into a compromise. The terms thereof have been complied with by the petitioners.

In view of the compromise so entered into between the parties, the above said FIR and the consequent proceedings are ordered to be quashed. Respondent No. 2 shall remain bound by her statement made in this Court in respect of obtaining of the decree of divorce by filing petition u/s 13-B of the Hindu Marriage Act, 1955.

The petition is disposed of accordingly.