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2006 DIGILAW 3659 (PNJ)

Baldev Singh v. State Of Punjab

2006-09-29

RAJIVE BHALLA

body2006
Judgment Rajive Bhalla, J. 1. This order shall dispose of Crl. M. Nos. 48416-M of 2006 and 48410-M of 2006. 2. Both petitions, arise from a matrimonial dispute between Gursahib Diyal Singh Bhullar, the husband and Kamaljeet Kaur, his wife. In Crl. M. No. 48416-M of 2006 prayer is for quashing of FIR No. 81 dated 3.5.2004 registered under Sections 498-A, 406, 120-B of the IPC at Police Station City Kotkapura, Distt. Faridkot whereas in Crl. M. No. 47410-M of 2006, prayer is for quashing of a private complaint titled as Joginder Singh v. Baldev Singh and others, filed under Sections 420, 498-A, 406, 313, 495, 120-B of the IPC. 3. Quashing of the FIR and the complaint is sought on the ground that both husband and wife having resolved their differences, have agreed to a settlement after having been granted a decree of divorce and therefore, the complainant namely Joginder Singh s/o Johra Singh, father of Kamaljeet Kaur, who is the complainant in the FIR as also in the complaint, does not want to prosecute the petitioner. 4. Gursahib Diyal Singh Bhullar and Kamaljeet Kaur were married on 12.10.2003. On account of certain matrimonial differences Joginder Singh, on instructions from his daughter Kamaljeet Kaur, lodged the aforementioned FIR and complaint. In the FIR, the police has filed a final report under Section 173 of the Cr.P.C. whereas in the complaint, the petitioners have been summoned. During the pendency of the aforementioned proceedings, husband and wife arrived at a settlement and agreed to bring the marriage to an end. On that account, petitioner No. 4 and Kamaljeet Kaur were granted a certificate of divorce by the Supreme Court of British Columbia, vide order dated 11.7.2006. Parties also agreed that Kamaljeet Kaur and her father Joginder Singh had no objection to the quashing of the complaint and the FIR. They mutually agreed that Kamaljeet Kaur would be paid an amount of Rs. 12,50,000/- in discharge of her claims. The complainant, Joginder Singh s/o Johra Singh has filed an affidavit dated 29.9.2006, acknowledging the correctness of the aforementioned facts and has also placed a general Power of Attorney from Kamaljeet Kaur on record, duly certified as a true copy by Sh. P.S. Brar, Advocate. 4. Counsel for the petitioner has handed over a demand draft No. 138657 dated 27.9.2006 for Rs. P.S. Brar, Advocate. 4. Counsel for the petitioner has handed over a demand draft No. 138657 dated 27.9.2006 for Rs. 12,50,000/- drawn on Centurion Bank of Punjab Limited, to Joginder Singh, complainant, who is present in Court. Joginder Singh, states that he has no objection, if the FIR and the complaint are quashed. 5. Counsel for the parties pray that as parties have resolved their differences, the present petition be allowed and the FIR and the complaint as also all subsequent proceedings initiated thereupon be quashed. 6. I have heard learned counsel for the parties and perused the paper book. 7. It is apparent in view of the facts noticed hereinabove, that on account of a bona fide settlement, parties have resolved their matrimonial differences and have agreed that the FIR and the complaint, which was lodged pursuant to a matrimonial dispute, be quashed. The husband Gursahib Diyal Singh Bhullar and the wife, Kamaljeet Kaur, have been granted a certificate of divorce by a Court of competent jurisdiction in Canada. The complainant has received an amount of Rs. 12,50,000/- by way of a demand draft detailed hereinabove. 8. I find no reason to doubt the bona fides of the settlement and therefore, I am satisfied that the proceedings pending pursuant to the FIR and the complaint should be quashed. In view of the settlement, the complainant and his witnesses are not likely to support the prosecutions case and therefore permitting the proceedings to continue would be a wastage of public time and money. 9. In view of what has been stated hereinabove, the present petitions are allowed, and the FIR No. 81 dated 3.5.2004 registered under Sections 498-A, 406, 120-B of the IPC at Police Station City Kotkapura, Distt. Faridkot and the private complaint filed under Sections 320, 498-A, 406, 313, 495, 120-B of the IPC, are quashed.