Sandeep Simak and Others vs State of Punjab and Another

Ritu Bahri, J.—Quashing of FIR No. 215 dated 26.10.2010, under Sections 406 /498-A /506 IPC, registered at Police Station Sadar Khanna, Police District Khanna, District Ludhiana (Annexure P-1), is sought on the basis of compromise dated 20.02.2013 (Annexure P2). The F.I.R. was registered on the basis of an application made by Gurmanvir Kaur-complainant (respondent No. 2), alleging therein that she was married on 27.02.2010 with Sandeep Simak-petitioner No. 1. After their marriage, due to temperamental differences, they could not pull on together. In this background, the FIR was registered.

During the pendency of the trial, the matrimonial dispute has now been resolved between the parties vide compromise deed dated 20.02.2013 (Annexure P-2). As per the said compromise, the parties have agreed to file a joint petition u/s 13-B of the Hindu Marriage Act at Khanna. Further, a sum of Rs. 4,50,000/- has been agreed to be paid to respondent No. 2 towards full and final settlement.

In compliance with the order dated 24.05.2013 passed by this Court, the parties got recorded their statements before the trial Court. Report from the Judicial Magistrate Ist Class, Khanna, has been received in this regard. As per report, Gurmanvir Kaur-respondent No. 2 appeared before the trial Court on 16.07.2013 and accepted the compromise dated 20.02.2013, according to which, a divorce petition u/s 13-B of the Hindu Marriage Act has been filed in the Court of Sub Divisional Judicial Magistrate, Khanna. She has no objection if the above said FIR is quashed. Statements of Sandeep Simak, Kuldeep Singh, and Baljinder Kaur-petitioners were also recorded to the same effect. In view of separate statements of the parties, the court is satisfied that the compromise is valid and genuine one.

Consequently, in view of the status report and the judgment of the Hon''ble Supreme Court in the case of Madan Mohan Abbot Vs. State of Punjab, , the law laid down by the Full Bench of this Court in the case of Kulwinder Singh and Others Vs. State of Punjab and Another, , this Court is of the view that no useful purpose would be served in prolonging the litigation.

Accordingly, FIR No. 215 dated 26.10.2010, under Sections 406 /498-A /506 IPC, registered at Police Station Sadar Khanna, Police District Khanna, District Ludhiana, is quashed with all consequential proceedings arising therefrom qua petitioners. The petition stands disposed of accordingly.