Deshbandhu Jain And ORS v. State Of Haryana And Another
-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 27.03.2023 Deshbandhu Jain and Ors.
..... Petitioners V/S State of Haryana and another ..... Respondents CORAM :
HON'BLE MS. JUSTICE AMARJOT BHATTI
Present:
Mr. Maninderjit Singh, Advocate for the petitioners.
Mr. Amit Aggarwal, DAG, Haryana.
Mr. Deepak Sonak, Advocate for the complainant/respondent No. 2. **** AMARJOT BHATTI J. (ORAL) The petitioners - Deshbandhu Jain, Veena Jain and Alok Jain have filed the instant petition under Section 482 of Cr.P.C. for quashing of FIR No. 931 dated 12.11.2019 (Annexure P-4), registered under Sections 323, 406, 498-A, 506, 377 of IPC (Section 377 IPC deleted later on) at Police Station Karnal City, District Karnal and all other subsequent proceedings arising therefrom, on the basis of compromise (Annexure P-7) dated 19.10.2021, arrived at between the parties by way of petition under Section 13-B of the Hindu Marriage Act, 1955. The facts of the case are that the complainant Manvi Jain filed a written complaint against her husband Alok Jain and others with the allegations of maltreatment on account of demand of dowry, domestic violence and for causing
-2harassment. She alleged that she got married with Alok Jain on 01.07.2007. Her father had spent Rs. 20 lacs on her marriage and she was given dowry as per his status. After marriage, she was told by her father-in-law and husband that they have suffered loss in the business. Her parents gave Rs. 2 lacs to her husband and mother-in-law. She was again harassed by her husband and in-laws family. She tolerated their behaviour for a period of eight years. She was time and again forced to bring more dowry from her parental house. She suffered depression on account of behaviour of her husband and in-laws family and she also took treatment in Rohtak. She was treated badly and even they tried to kill her. Ultimately, she disclosed about the conduct of her husband and in-laws family to her parents and a Panchayat was also convened.
Her husband indulged in unnatural sex. She remained in the matrimonial home for the sake of her daughter. Due to the maltreatment given to her in the matrimonial home, she ultimately filed this complaint. The matter was investigated and the present FIR was registered. The petitioners have filed this petition for the quashing of aforesaid FIR on the basis of compromise. The petitioners and respondent No.2 were directed to appear before the Illaqa Magistrate/Trial Court for recording their statements on the basis of compromise. The detailed report regarding compromise has been received from the Court of Chief Judicial Magistrate, Karnal dated 18.11.2022. The statement of respondent No.2 has been recorded, where she confirmed the compromise with the petitioners. She confirmed that she has no objection regarding quashing of FIR.
The petitioners also confirmed this fact in their separate statements. The statement of SI Jai Narayan, No. 256/KR, PS City Karnal is also recorded
-3who further confirmed that the accused persons are neither involved in any other case nor declared proclaimed offender(s) in any other criminal case. Therefore, from the report of Chief Judicial Magistrate, Karnal, it is clear that the compromise has been effected between the parties without any pressure, coercion or undue influence, which is acceptable to both the parties. They have mutually settled all their disputes. They have also filed joint petition under Section 13-B of Hindu Marriage Act in which the second motion is pending. They will be able to live in peace and harmony. No purpose would be served with the continuation of criminal proceedings.
Therefore, considering these facts, the petition filed by the petitioners - Deshbandhu Jain, Veena Jain and Alok Jain is accepted and FIR No. 931 dated 12.11.2019, registered under Sections 323, 406, 498-A, 506, 377 of IPC (Section 377 IPC deleted later on) at Police Station Karnal City, District Karnal and the consequential proceedings arising therefrom are quashed. Accordingly, the present petition stands accepted. (AMARJOT BHATTI ) JUDGE 27.03.2023 lalit Whether speaking/reasoned:
Yes/No Whether Reportable:
Yes/No