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2009 DIGILAW 219 (PNJ)

Tejinder Walia v. State of Punjab

2009-01-27

KANWALJIT SINGH AHLUWALIA

body2009
JUDGMENT Kanwaljit Singh Ahluwalia, J 1. The present petition has been filed under Section 482 Cr.P.C. seeking quashing of case FIR No.52 dated 14.4.2006 registered at Police Station City, Gurdaspur under Sections 406, 498-A, 506 IPC along with all subsequent proceedings. Quashing has been sought on basis of compromise arrived between the parties. 2. Counsel for the petitioners has submitted that in the present case, due to matrimonial dispute, FIR Annexure P-1 was lodged against Tejinder Walia husband, Balbir Kaur Walia mother-in-law, Harpal Walia brother of the husband, Ashma Walia sister-in-law (Bhabhi) of the husband, Gurdial Singh Walia father-in-law, Charanjit Kaur sister of the husband, Suman Mariah husband's sister's husband and Inderjit Kaur husband's sister. 3. Counsel for the petitioners has drawn my attention to Annexure P-3 petition filed by husband petitioner No.1 and Meenakshi Walia respondent No.2 under Section 13-B of the Hindu Marriage Act for dissolution of marriage by mutual consent. Statements of the parties i.e. petitioner No.1 Tejinder Walia and respondent No.2 Meenakshi W alia were recorded by the Additional District Judge, Gurdaspur. In the statement Annexure P-5, Meenakshi Walia has stated that she would be paid a sum of Rs.6,50,000/- for permanent alimony. 4. On the last date of hearing, it was directed that Investigating Officer should verify the factum of compromise. Mr.Mehardeep Singh, learned State counsel on instructions from SI Surinder Pal Singh, Police Station City Gurdaspur submit that statement of respondent No.2 has been recorded and she has admitted the compromise between the parties and according to the Investigating Officer, the complainant has no objection in case FIR is quashed. 5. Today Mr.Brijeshwar Singh Kanwar has caused appearance on behalf of respondent No.2. He has also stated that in view of the compromise arrived at between the parties, a sum of Rs.6,50,000/-has been received by respondent No.2 and marriage has been dissolved under Section 13-B of the Hindu Marriage Act. He state that present FIR be quashed. 6. It has been held in Kulwinder Singh and others v. State of Punjab and another, 2007(3) RCR (Criminal) 1052 that where a compromise has been effected between the parties, continuation of proceedings will serve no useful purpose. Therefore, the impugned FIR along with all subsequent proceedings is quashed. Petition is disposed off. Order accordingly.