Harsh Vardhan Jain v. State Of Punjab & ANR

CRM-M-14053-2016 & -1CRM-M-11224-2016

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH (1) Crl. Misc. No. M-14053 of 2016 Harsh Vardhan Jain

...Petitioner

Versus

State of Punjab and another ..Respondents (2) Crl. Misc. No. M-11224 of 2016 Vinod Kumar Jain and others ..Petitioners

Versus

State of Punjab and another ..Respondents Date of decision: - 08.07.2016

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. C.S. Jattana, Advocate, for the petitioners.

Ms. Anmol Grewal, D.A.G., Punjab.

Mr. Amaninder Preet, Advocate, for complainant-respondent No.2.

**** RITU BAHRI, J. (Oral) As identical questions of law and facts are involved, therefore, I propose to decide above indicated petitions, arising out of the same incident/FIR, by means of this common judgment, in order to avoid the repetition.

NARESH KUMAR 2016.07.18 11:55 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-14053-2016 & -2CRM-M-11224-2016 Quashing of FIR No.23 dated 18.02.2016 under Sections 406 and 498-A IPC, registered at Police Station Zira, District Ferozepur, is being sought on the basis of compromise effected between the parties on 14.03.2016 (Annexure P-2).

Respondent No.2 got married to petitioner Harsh Vardhan Jain on 13.12.2013, as per Hindu rites and ceremonies. Due to incompatibility of temperament, both the parties could not live together as husband and wife. The relationship between them became strain and thereafter, the F.I.R was registered against the petitioners. However, the matter has now been duly compromised, vide compromise deed dated 14.03.2016 (Annexure P-2). In compliance of order dated 28.04.2016, report of SubDivisional Judicial Magistrate, Zira dated 31.05.2016, has been received in this regard. As per the report, the statements of all the concerned parties have been recorded and the complainant do not want to proceed further against the accused and has no objection, if the present F.I.R be quashed against the petitioners. Statements of all the petitioners and complainant have been recorded to the same effect.

Consequently, in view of the above-said report and in view of the judgment of the Hon'ble Supreme Court in the case of Dr. Arvind Barsaul etc. versus State of Madhya Pradesh and another 2008(2) RCR (Criminal) 910, no useful purpose would be served in prolonging the litigation.

Accordingly, FIR No.23 dated 18.02.2016 under Sections 406 and 498-A IPC, registered at Police Station Zira, District Ferozepur, is hereby quashed along with all consequential proceedings arising therefrom. The present petitions stand disposed of.

July 08, 2016 ( RITU BAHRI ) naresh.k JUDGE NARESH KUMAR 2016.07.18 11:55 I attest to the accuracy and integrity of this document Chandigarh