Vijay Kumar And ANR v. State Of Haryana And ANR

CRM-M No. 26085 of 2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM-M No. 26085 of 2016 Date of decision : 23.9.2016 Vijay Kumar and another .........Petitioners v.

State of Haryana and another ......Respondents CORAM : HON'BLE MS. JUSTICE RITU BAHRI Present :

Mr. Abhinav Gupta, Advocate, for the petitioners Mr. Anmol Malik, AAG, Haryana --- Ritu Bahri, J. (Oral) This petition has been filed under Section 482 Cr.P.C. for quashing of FIR No. 481 dated 27.9.2011, under Sections 406 and 498A IPC, registered at Police Station City Yamuna Nagar (Annexure P-1) on the basis of compromise dated 3.7.2015 (Annexure P-2).

Respondent No.2 got married with petitioner No.1 on 29.1.2001. Due to some tempramental differences, both the parties could not live together as husband and wife. The relationship between them became strain, which resulted into registration of the present FIR. However, the matter has now been amicably settled between the parties with the intervention of friends, elders and respectable, vide compromise deed dated 3.7.2015 (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 GAURAV ARORA 2016.10.03 10:00 I attest to the accuracy and integrity of this document

CRM-M No. 26085 of 2016 -2genuineness and validity or otherwise of the compromise deed by way of order dated 1.8.2016 by this Court.

In compliance of order dated 1.8.2016, learned learned trial Court has submitted the report vide letter dated 3.9.2016, which indicates that parties appeared before it and got recorded their respective statements with regard to validity of compromise. As per the report, compromise arrived at between the parties is genuine and without any pressure or coercion from any corner. Now no dispute is pending between the parties.

Consequently, in view of above said report and in view of the judgments of the Hon'ble Suprpeme Court in Dr. Arvind Barsaul etc. v. 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 judgment of this Court in the case of "Kulwinder Singh and others vs. State of Punjab and another, 2007(3) RCR (Crl.) 1052", no useful purpose would be served in prolonging the litigation. Accordingly, the present petition is allowed. FIR No. 481 dated 27.9.2011, under Sections 406 and 498A IPC, registered at Police Station City Yamuna Nagar (Annexure P-1) is quashed on the basis of compromise dated 3.7.2015 (Annexure P-2) and all the criminal proceedings arising out of the said FIR also stands quashed.

(RITU BAHRI) JUDGE 23.9.2016 G Arora GAURAV ARORA 2016.10.03 10:00 I attest to the accuracy and integrity of this document