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High Court of Punjab and HaryanaCRM-M/7839/2023allowed

Sanju Bhadana v. State Of Haryana And Another

2023-05-17Mrs. Justice Amarjot Bhatti3 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision :17.05.2023 Sanju Bhadana ...... Petitioner V/S State of Haryana and Anr.

..... Respondents CORAM :

HON'BLE MS. JUSTICE AMARJOT BHATTI

Present:

Mr. Amit Jaiswal, Advocate for the petitioner.

Ms. Mayuri Lakhanpal, DAG, Haryana.

Mr. Abhay Chauhan, Advocate for Mr. J.K.Chauhan, Advocate for respondent No.2. **** AMARJOT BHATTI J. (ORAL) The petitioner- Sanju Bhadana has filed the instant petition under Section 482 of Cr.P.C. for quashing of FIR No.0017 dated 13.02.2020 under Sections 323, 406, 498-A, 506 of IPC, registered at Women Police Station, Panchkula District Panchkula and all other subsequent proceedings on the basis of compromise between the parties dated 09.01.2023 (Annexure P-2). As per the facts of the case, the complainant - Monika Chaudhary filed written complaint against her husband and in-laws family alleging that her marriage was solemnized with Sanju Bhadana on 19.02.2017. The marriage was

-2performed with great pomp and show. Her parents had spent huge money. They had given Shagun and customary gifts at the time of different functions. She was also given jewellery, clothes, furniture, utensils, articles etc. After reaching matrimonial home her mother-in-law started complaining that the dowry articles were not given as per their status. At the time of reception party on 26.02.2017, her parents were told to give a Mercedes car and Rs.1 Crore along with other articles. Her parents were not in a position to give Mercedes car and huge cash amount. The aforesaid demand was raised repeatedly. The gold ornaments were also demanded at the time of Karwachauth festival. She has narrated about the demands which were raised from time to time.

Due to the maltreatment given to her in the matrimonial home, she even left her job in Sarvodya Hospital and came to her parental house. Ultimately, she filed the complaint, the matter was investigated and the present FIR has been registered. The petitioner filed this petition for the quashing of aforesaid FIR on the basis of compromise. The petitioner and respondent No.2 were directed to appear before the trial Court/Illaqa Magistrate for recording their statements on the basis of compromise. The detailed report regarding compromise has been received from the court of Judicial Magistrate 1st Class, Panchkula dated 17.04.2023. The statement of respondent No.2 has been recorded, where she confirmed the compromise with the petitioner.

She confirmed that this compromise has been effected without any pressure, coercion from any side and she has no objection regarding quashing of FIR.

The petitioner-Sanju Bhadana also confirmed this fact in his separate statement. The statement of ASI Sunita is also recorded who further confirmed that

-3the accused is neither involved in any other case nor has been declared as proclaimed offender.

Therefore, from the report of Judicial Magistrate 1st Class, Panchkula, it is clear that the compromise has been effected between the parties without any pressure, coercion or undue influence, which is acceptable to both the parties. They have mutually settled all their matrimonial disputes. They have also filed joint petition under Section 13-B of Hindu Marriage Act in which decree of divorce has been granted on 06.04.2023. Now, they will be able to live independently in peace and harmony. No purpose would be served with the continuation of criminal proceedings Therefore considering these facts the petition filed by the petitioner is accepted and FIR No.0017 dated 13.02.2020 under Sections 323, 406, 498-A, 506 of IPC, registered at Women Police Station, Panchkula District Panchkula and the consequential proceedings arising therefrom are quashed. Accordingly, the present petition stands accepted. (AMARJOT BHATTI ) JUDGE 17.05.2023.

Sunil Devi Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No