High Court of Punjab and HaryanaCRM-M/15418/2016allowed

Sunil Kumar v. State Of Haryana & ANR

2016-09-01Mrs. Justice Raj Rahul Garg2 pages

CRM-M-15418-2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-15418-2016 Date of Decision:- 01.09.2016 Sunil Kumar ....Petitioners

Versus

State of Haryana and another ....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Ashutosh Gupta, Advocate for the petitioner.

Ms. Mahima Yashpal, AAG, Haryana.

Mr. Chandeep Jindal, Advocate for respondent No.2.

**** RITU BAHRI, J. (Oral) Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.275 dated 20.12.2012, under Sections 406, 498-A, 323 and 34 IPC, registered at Police Station Pinjore, District Panchkula, on the basis of compromise/MOU dated 08.07.2015 (Annexure P-2).

Brief facts of the case are that the marriage of complainant was solemnized with petitioner Sunil Kumar in the year 2003, according to the Hindu Rites and Ceremonies. The parents of the complainant had spent huge amount on the marriage. After few days of marriage, all the accused started beating, taunting, insulting, snubbing and maltreating the complainant on account of demand of dowry. Due to incompatibility of temperament, both the parties could not live together as husband and wife. The relationship between them became strained and thereafter, the F.I.R was Naresh Kumar 2016.09.07 11:39 I attest to the accuracy and integrity of this document Chandigarh registered against the petitioner.

CRM-M-15418-2016 -2Learned counsel for the petitioner submits that keeping in view the peace and harmony of the village and area, the matter has now been amicably settled between the parties with the intervention of respectable persons/panchayat, vide compromise/MOU dated 08.07.2015 (Annexure P-2), Upon notice, complainant-Anita Rani (respondent No.2), who is present in Court, has filed her affidavit dated 01.09.2016, today in the Court and the same is taken on record.

As per her affidavit, she has joined her matrimonial home and has started living happily with her husband along with her two children. She has no objection, if the present FIR registered against the petitioner is quashed.

Consequently, in view of the above-said affidavit and in view of the judgments of the Hon'ble Supreme Court in Dr. Arvind Barsaul etc. Vs. State of Madhya Pradesh and another, 2008(2) RCR (Criminal) 910; Madan Mohan Abbot vs. State of Punjab, 2008(2) RCR (Criminal) 429 and the law laid down by the Full Bench of this Court in the case of Kulwinder Singh and Ors. vs. State of Punjab and another, 2007(3) RCR (Crl.) 1052, no useful purpose would be served in prolonging the litigation. Accordingly, FIR No.275 dated 20.12.2012, under Sections 406, 498-A, 323 and 34 IPC, registered at Police Station Pinjore, District Panchkula and all the subsequent proceedings arising therefrom are hereby quashed on the basis of compromise/MOU dated 08.07.2015 (Annexure P-2).

The present petition stands disposed of.

September 01, 2016 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2016.09.07 11:39 I attest to the accuracy and integrity of this document Chandigarh