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2006 DIGILAW 187 (PNJ)

Kamaljit Kaur Brar v. State Of Punjab

2006-01-24

NIRMAL YADAV

body2006
Judgment Nirmal Yadav, J. 1. Through this petition filed under Section 482 of the Code of Criminal Procedure Code, petitioners seek quashing of FIR No. 40 dated 29.3.2003 registered under Sections 420/120-B IPC in Police Station Ghall Khurd, district Ferozepur and subsequent proceedings arising therefrom. 2. The facts, in brief, are that petitioner No. 1 Kamaljit Kaur Brar was married to Lakhwinder Singh respondent No. 2 on 24th November, 2000. Petitioner No. 2 is the mother of Kamaljit Kaur Brar, petitioner Nos. 3 and 4 are sister and brother of petitioner No. 1 respectively and petitioner No. 5 is the husband of sister of petitioner No. 3. All are presently residing in Canada. 3. Petitioners allege that late father of petitioner No. 1 and father of respondent No. 2 were good friends. Both the families had very close relationship before the marriage. The relationship between Kamaljit Kaur Brar and Lakhwinder Singh became strained due to incompatibility and on this count, respondent No. 2 lodged FIR No. 40 dated 29.3.2003 under Sections 420/120-B IPC in Police Station Ghall Khurd, district Ferozepur. However with the intervention of the common friends and relatives, a compromise (Annexure P-1) has been effected between the parties. Respondent No. 2 has sworn an affidavit (Annexure P-1) acknowledging the receipt of disputed amount from the petitioners and the difference stand buried. Respondent No. 2 does not wish to continue with the criminal proceedings arising out of the FIR in question. 4. Notice of the petition was issued to the respondents. 5. Respondent No. 2 Lakhwinder Singh appeared today in Court and got his statement recorded. According to him, he lodged the First Information Report against his wife and her other family members, but now due to intervention of relatives and respectables of the village, the matter has been compromised between them and therefore, he does not wish to continue with the proceedings arising out of the FIR in question. He further stated that he has already executed an affidavit dated 6.4.2005 admitting the factum of compromise and filed by way of an affidavit dated 20th January, 2006, wherein he has stated that he is not interested in pursuing the criminal proceedings pending before the trial Court. 6. He further stated that he has already executed an affidavit dated 6.4.2005 admitting the factum of compromise and filed by way of an affidavit dated 20th January, 2006, wherein he has stated that he is not interested in pursuing the criminal proceedings pending before the trial Court. 6. Chamkaur Singh, maternal uncle of Kamaljit Kaur Brar petitioner No. 1 and real brother of Smt. Pritam Kaur, petitioner No. 2, who is the special power of attorney on behalf of all the petitioners, is present in Court and made a statement that the matter has been compromised between the parties. He prayed that FIR as well as the criminal proceedings emanating there from may be quashed. 7. Taking into consideration the fact that offences under Sections 421/120-B of the Indian Penal Code are compoundable with the permission of the Court; both the parties have compromised the matter; respondent No. 2 has received the entire amount, which he is alleged to have paid to the petitioners and in order to have harmonious and peaceful relations with each other, complainant does not wish to pursue his complaint made to the police. Even if the case is tried by a competent Court of law, respondent No. 2 is not likely to support the case of the prosecution. The pursuing of the case, in such circumstances, would not be in the interest of justice. 8. Accordingly, parties are allowed to compound the offences as per compromise having been arrived at between them mutually. In these circumstances, it would not be in the interest of justice to continue with the proceedings arising out of First Information Report in question. Consequently, the petition is allowed and the aforesaid FIR No. 40 dated 29.3.2003 registered under Sections 420/120-B IPC in Police Station Ghall Khurd, district Ferozepur and subsequent proceedings arising therefrom are quashed. The statement got recorded by complainant-respondent No. 2 in Court today, shall form a part of this order.