High Court of Punjab and HaryanaCRM-M/15820/2017allowed

Pankaj Yadav And ORS v. State Of Haryana And ANR

2017-05-26Mrs. Justice Raj Rahul Garg2 pages

Crl. Misc. No. M-15820 of 2017

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Crl. Misc. No. M-15820 of 2017 Date of decision : 26.05.2017 Pankaj Yadav and ors.

......Petitioners versus State of Haryana and anr.

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Ashwani Gaur, Advocate for the petitioners Mr. D.R. Singla, DAG, Haryana Mr. Sandeep Kotla, Advocate for respondent No. 2 **** RITU BAHRI , J. (Oral) Reply filed by learned State counsel in the Court today, is taken on record.

Quashing of FIR No. 132 dated 08.04.2016 under Sections 498-A/406/342/354/506/509/34 IPC (Section 377 IPC added during investigation), registered at Police Station Ganaur, District Sonepat (Annexure P-1) is being sought on the basis of compromise deed/affidavit dated 10.04.2017 (Annexure P-2).

Respondent No. 2 got married to petitioner No. 1 on 03.03.2014. Due to temperamental differences, both the parties could not live together as husband and wife. No child was born out of this wedlock. The relationship between them became strained and F.I.R was registered against the petitioner on account of harassment and humiliation caused by the petitioner on the pretext of bringing less dowry by respondent No. 2. Further respondent No. 2 was given beatings by the petitioners and petitioners also threatened the complainant.

GAURAV ARORA 2017.06.12 13:01 I attest to the accuracy and integrity of this document Chandigarh

Crl. Misc. No. M-15820 of 2017 However, the matter has now been duly compromised, on the basis of compromise deed/affidavit dated 10.04.2017 (Annexure P-2). In compliance of order dated 08.05.2017, report dated 12.05.2017 of Sub Division Judicial Magistrate, Ganaur has been received in this regard. As per report, statement of the complainant and joint statement of petitioners had been recorded and they stated that the matter has been duly compromised between them. The compromise has been entered voluntarily. The complainant has no objection if the F.I.R be quashed against the petitioners.

Consequently, in view of the status report dated 12.05.2017 and in view of the judgment of the Hon'ble Supreme Court in cases of Dr. Arvind Barsaul etc. versus 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. 132 dated 08.04.2016 under Sections 498-A/406/342/354/506/509/34 IPC (Section 377 IPC added during investigation), registered at Police Station Ganaur, District Sonepat, is quashed along with all consequential proceedings arising therefrom qua petitioners.

The petition stands disposed of.

26.05.2017 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No GAURAV ARORA 2017.06.12 13:01 I attest to the accuracy and integrity of this document Chandigarh