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Judgment
Kanwaljit Singh Ahluwalia, J.—The present petition has been filed u/s 482 Cr.P.C. seeking quashing of case FIR No. 16 dated 28.1.2004 registered at Police Station, Division No. 5, Jalandhar under Sections 406, 498-A IPC.
It is stated that FIR was lodged by Charanjit Kaur aggrieved wife. She had stated that petitioners had harassed, maltreated her and demanded the dowry.
Counsel for the petitioners submit that during the pendency of the FIR, a compromise was arrived between the parties in the year 2004. Compromise deed has been annexed as Annexure P2. In the present case FIR was registered in the year 2004. More than five years have elapsed. Investigation is still in progress. It has been further submitted that respondent No. 2 aggrieved wife has solemnized the second marriage and petitioner No. 1 has also solemnized the second marriage.
Counsel for the State on instructions from HC Balwinder Singh who is present in Court to assist counsel for the State has submitted that till today, no report u/s 173 Cr.P.C. has been submitted. The Investigating Agency after taking into consideration the compromise Annexure P2 arrived between the parties and the the fact that both the parties had solemnized the second marriage shall consider submission of cancellation report against the petitioners. The Investigating Agency while filing the cancellation report shall take into consideration ratio of law laid down by the Hon''ble Apex Court in B.S. Joshi v. State of Haryana 2003 (2) RCR (Cri) 888 and a Full Bench judgment of this Court in Kulwinder Singh and Ors. v. State of Punjab and Anr. 2007 (3) RCR (Cri) 1052 wherein it has been held that if a matrimonial dispute has been resolved, no useful purpose would be served by continuing with the criminal proceedings.
Petition is disposed off.