Manoj Jawa And ORS v. State Of Haryana And ANR

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Crl. Misc. No. 20871 of 2016 in/and Date of decision : 01.08.2016 Manoj Jawa and others ......Petitioners versus State of Haryana & anr.

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Aman Pal , Advocate for the petitioners Mr. Himmat Singh, DAG, Haryana Mr. Rajender Helwa, Advocate for respondent No. 2 **** RITU BAHRI , J. (Oral) Crl. Misc. No. 20871 of 2016 This is an application under Section 482 of the Code of Criminal Procedure for preponement of the date of hearing. Heard.

In view of the averments made in the application , C.M. Is allowed as prayed for and the matter is taken up on board today itself. Crl. Misc. No. M-16874 of 2016 Quashing of FIR No. 1087 dated 31.10.2012 under Sections 40-/498-A/506/323 IPC, registered at Police Station City Karnal, Civil Lines, Ditrict Karnal, is being sought on the basis of affidavit/compromise

dated 05.05.2015 (Annexure P2).

Respondent No. 2 got married to petitioner No. 1 on 10.10.1997. Due to incompatibility of temperament, both the parties could not live together as husband and wife. Two children were born out of this wedlock. The relationship between them became strain and thereafter, the F.I.R was registered against the petitioners on account of harassment caused by the petitioner and his family members.

However, the matter has now been duly compromised, vide affidavit/compromise dated 05.05.2015 (Annexure P2). In compliance of order dated 17.05.2016 report of Judicial Magistrate Ist Class, Karnal has been received in this regard. As per report, statement of complainant has been recorded to the effect that she has compromised the matter with the accused person and she has no grudge against the accused. She does not want to proceed further against the accused and has no objection, if the present F.I.R be quashed against the petitioners. The complainant along with her children has started residing with her husband. Joint statement of petitioners have been recorded to the same effect.

The compromise has been entered voluntarily Consequently, in view of the status 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. 1087 dated 31.10.

arising therefrom qua petitioners.

The petition stands disposed of.

01.08.2016 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No