High Court of Punjab and HaryanaCRM-M/2521/2016allowed

Asif Ali v. Ut Of Chandigarh And ANR.

2016-07-25Mrs. Justice Raj Rahul Garg2 pages

CRM-M-2521-2016 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-2521-2016 (O&M) Date of decision: - 25.07.2016 Asif Ali ..Petitioner

Versus

Union Territory, Chandigarh and another ..Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Ms. Jyoti Rani, Advocate, for the petitioner.

Mr. Gautam Dut, Addl. PP, U.T., Chandigarh.

Mr. M.N. Jagoria, Advocate for respondent No.2.

**** RITU BAHRI, J. (Oral) Quashing of FIR No.469 dated 11.11.2014 under Section 498-A, registered at Police Station Sector 39, Chandigarh, is being sought on the basis of compromise effected between the parties on 18.06.2015 (Annexure P-3).

Respondent No.2 got married to petitioner Asif Ali on 28.06.2014, according to Muslim rites and ceremonies. Due to incompatibility of temperament, both the parties could not live together as husband and wife. The relationship between them became strain and thereafter, the F.I.R was registered against the petitioner. However, the Naresh Kumar 2016.08.02 15:18 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-2521-2016 (O&M) -2matter has now been duly compromised, vide compromise deed dated 18.06.2015 (Annexure P-3).

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 18.06.2015 (Annexure P-3), by means of order dated 25.01.2016, by this Court.

In compliance of order dated 25.01.2016, report of Judicial Magistrate 1st Class, Chandigarh dated 08.02.2016, has been received. As per the report, the statements of all the concerned parties have been recorded and the parties have settled the matter voluntarily, without any pressure/coercion from any quarter Consequently, in view of the above-said 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.469 dated 11.11.2014 (Annexure P-1) under Section 498-A, registered at Police Station Sector 39, Chandigarh, is hereby quashed along with all consequential proceedings arising therefrom. The present petition stands disposed of.

July 25, 2016 ( RITU BAHRI ) naresh.k JUDGE Naresh Kumar 2016.08.02 15:18 I attest to the accuracy and integrity of this document Chandigarh