Dharminder Kumar and Others vs State of Punjab and Another

M.M.S. Bedi, J.—Copy of the judgment dated 28.10.2003 is permitted to be taken on record.

Misc. application stands disposed of.

The petitioners seek the quashing of FIR No. 67 dated 20.04.2000, under Sections 406 & 498-A IPC, registered at Police Station, Division No. 4, Jalandhar, on the basis of compromise.

Respondent No. 2, wife of petitioner No. 1 appeared in the Court on 20.05.2010 and informed that the matter has been compromised and that she had been residing with petitioner No. 1 and has given birth to two children from her wedlock with petitioner No. 1. Copies of the Birth Certificates of two children born on 28.03.2003 and 07.01.2008, have been taken on record. Normally no indulgence can be shown in a case where the accused is a proclaimed offender. In the present case after lodging of FIR, the wife of complainant appears to have joined the company of her husband and ultimately given birth to two children from the wedlock. The parents of petitioner No. 1 were also arrayed as accused. They are stated to be residing at U.K. It is apparent that when the proclamation u/s 82 Cr.P.C., was issued, they were not in India, as such, the declaration of petitioner Nos. 2 & 3 as proclaimed offender seems to be improper.

Taking into consideration the totality of the circumstances and the fact that the matrimonial dispute has already been settled and the couple has opted to resume cohabitation, no useful purpose will be served by continuing the criminal proceedings against the petitioners especially when the complainant-respondent had appeared in the Court and stated that the matter has been compromised.

After appearing in the Court, complainant Kamla Rani has left India and on asking of the Court a special Power of Attorney attested by Notary Public of Birmingham (UK), is produced which is taken on record. I am satisfied that the matter has been compromised and the matrimonial controversy having been settled, the above said FIR and all the criminal proceedings emanating therefrom are hereby quashed on the basis of compromise.

Petitioner No. 1 was also proclaimed offender. On the instructions of the Court, he has already put in appearance and is released on bail.

In view of the criminal proceedings having been quashed, it will be open to the petitioner to move an application for release of his passport. In case any application is filed before the trial Court, the passport of petitioner No. 1 will be returned to him.

Disposed of.