Raman Kumar and Others vs State of Punjab and Another

Daya Chaudhary, J.—Prayer in the present petition is for quashing of FIR No. 131 dated 28.07.2011, under Sections 452, 380, 363, 366, 324, 323, 506, 148 and 149 of Indian Penal Code, registered at Police Station City, Kapurthala, District Kapurthala. Said FIR was registered against the petitioners as daughter of complainant-respondent No. 2-Gurteg Singh had solemnized marriage with petitioner No. 1-Raman Kumar. The FIR was registered on the basis of complaint made by respondent No. 2, who is father of wife of petitioner No. 1. Learned counsel for the petitioners submits that petitioner No. 1 and daughter of respondent No. 2 filed Criminal Misc. No. M-23151 of 2011 before this Court for protection, which was disposed of vide order dated 03.10.2011 as the complainant had filed an affidavit before the Court by stating that he has no objection to t3. e marriage. It was also mentioned in the affidavit that the complainant never harassed or humiliated the petitioners and will not interfere in their married life in future also.

Petitioner No. 1 and his wife-Renu Rani, who is daughter of complainant-respondent No. 2 were directed to remain present in the Court and they are present in Court today. They have submitted before this Court that they are leading a happy married life and have no objection in any manner.

Learned State counsel submits that Sections 363 and 366 IPC were deleted and challan has been presented before the trial Court under Sections 452, 380, 324, 323, 506, 148 and 149 IPC.

Undisputedly, petitioner No. 1 and his wife were major at the time of marriage and they filed a petition wherein directions were also issued while issuing notice of motion and the said petition was disposed of after making statement by complainant-respondent. It was specifically mentioned in his statement that he has no objection to the marriage of the petitioner with daughter of the complainant.

Admittedly, when both persons have got married and are happy in their married life, no offence is made out under Sections 452, 380, 324, 323, 506, 148 and 149 IPC. The Investigating Officer was aware about the fact when this statement was made before this Court at the time of disposal of petition for protection but inspite of that, it has not come in the investigation and challan has been presented. Investigating Agency should be careful while investigating the matter and all facts of the case should have been considered and in case, no offence is made out on the basis of evidence and record available during investigation, then challan should not have been filed.

Both the parties have settled their dispute by way of amicable settlement before the Mediation and Conciliation Centre and that settlement has been signed by both the parties. The terms and conditions settled between the parties are reproduced as under:-

That the parties including the petitioners condemn the occurrence on account of which FIR No. 131 dated 28.07.2011 was got registered. The petitioners without admitting the allegations in the complaint undertakes that they shall not attack respondent No. 2 and his family. Respondent No. 2 also undertakes that he and his family shall not to be hostile towards the petitioners.

The petitioners agree that they shall not start living in any house, in the gali/lane in which the respondent No. 2 is staying.

The petitioners without admitting any allegation in the complaint agree that they shall not demand any dowry from respondent No. 2 or harass their daughter-in-law for dowry and shall take care of her to their best ability.

The petitioners undertake that they will not claim any share in the property of the respondent No. 2 and shall not stop their daughter-in-law namely Renu Rani from meeting her parents-respondent No. 2.

In view of the aforesaid settlement respondent No. 2 agrees that the FIR No. 131 dated 28.07.2011 be quashed by this Hon''ble High Court and he has not objection to the same and shall make necessary statements before the Hon''ble Court.

It has been further agreed between the parties that none of the parties shall file or pursue any unwanted litigation against each other or against each others'' family.

The parties have gone through the contents and terms of settlement and after going through, admitting to put their respective signatures.

The terms of the above agreement shall be binding upon all the parties and the parties signing the same as agreed to abide by the terms and conditions of the settlement.

By signing this agreement the parties state that they have no further claims or demands against each other with respect to the dispute being compromised today and all the disputes and differences in this regard have been amicably settled by the parties hereto through the process of Conciliation/Mediation.

The present petition is allowed and impugned criminal proceedings arising out of FIR No. 131 dated 28.07.2011, under Sections 452, 380, 363, 366, 324, 323, 506, 148 and 149 of Indian Penal Code, registered at Police Station City, Kapurthala, District Kapurthala as well as subsequent proceedings arising therefrom qua petitioners, namely, Raman Kumar, Tarsem @ Ghudda, Manjit Singh @ Kaka, Kala Ram, Gurmit Kaur @ Mito, Harjit @ Jiti and Mintu @ Jaspal Singh are quashed.