Abhishek Srivastava And ORS. v. State Of Haryana And ANR.

CRM-M-16422-2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-16422-2017 Date of Decision:- 31.05.2017 Abhishek Srivastava and others ....Petitioners

Versus

State of Haryana and another ....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Petitioner No.1 in person.

Mr. D.R. Singla, DAG, Haryana.

Mr. Nand Lal Sammi, 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.537 dated 25.11.2013, under Sections 406, 498-A and 506 IPC, registered at Police Station Palam Vihar, District Gurgaon, on the basis of compromise dated 15.03.2017 (Annexure P-2). Brief facts of the case are that marriage between petitioner No.1 and respondent No.2 was solemnized on 28.11.2012 as per Hindu Rites and Rituals at Allahabad, U.P. and no child was born out from the said wedlock. 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 registered against the petitioners. At the very outset, Ms. Puja Chopra, learned counsel for the petitioner, submits that she intends to withdraw his power of attorney in the present case as she pleads no instructions.

Request is allowed, as prayed for.

Naresh Kumar 2017.07.11 16:19 I attest to the accuracy and integrity of this document Chandigarh Parties are present in Court today.

CRM-M-16422-2017 -2Petitioner No.1 submits that keeping in view the peace and harmony, the matter has now been amicably settled between the parties with the intervention of respectable persons, vide compromise dated 15.03.2017 (Annexure P-2).

During the course of preliminary hearing, the trial Court, was directed to record the statements of all the concerned parties, with regard to the genuineness and validity or otherwise of the compromise dated 15.03.2017 (Annexure P-2), by way of order dated 11.05.2017, by this Court.

Petitioner No.1 states that in compliance of order dated 11.05.2017 of this Court, the statements have been recorded yesterday before the trial Court.

Respondent No.2, who is present in Court, states that as per the compromise, she has received `1,00,000/- at the time of first motion statement and finally she has accepted the payment of `1,00,000/- today in Court. All the conditions of the compromise are now being complied with and she has no objection if the present FIR registered against the petitioners is quashed.

Keeping in view the above facts, FIR No.537 dated 25.11.2013, under Sections 406, 498-A and 506 IPC, registered at Police Station Palam Vihar, District Gurgaon, on the basis of compromise dated 15.03.2017 (Annexure P-2) and all the subsequent proceedings arising therefrom are hereby quashed.

The present petition stands allowed.

May 31, 2017 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2017.07.11 16:19 I attest to the accuracy and integrity of this document Chandigarh