Amrinder Singh & ORS v. State Of Haryana & ANR

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:- 15.11.2016 Amrinder Singh and others ....Petitioners

Versus

State of Haryana and another ....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Ankur Malik, Advocate, for the petitioners.

Mr. D.K. Singla, DAG, Haryana.

Mr. Iqbal Singh Saggu, Advocate for respondent No.2.

**** RITU BAHRI, J. (Oral) The present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.129 dated 07.06.2014 under Sections 406 and 498-A IPC, registered at Police Station Faridabad NIT, District Faridabad and all the subsequent proceedings arising therefrom, on the basis of compromise dated 16.05.2016 (Annexure P-2).

Brief facts of the case are that marriage of petitioner No.1 with respondent No.2 took place on 10.02.2013 according to Sikh Rites and Rituals. After few days of marriage, the behavior of the accused became changed and they started harassing the complainant on account of demand

-2of dowry. 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. Learned counsel for the petitioners submits that keeping in view the peace and harmony of the area, the matter has now been amicably settled between the parties, vide compromise deed dated 16.05.2016 (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 (Annexure P-2), by way of order dated 05.08.2016, by this Court. In compliance of order dated 05.08.2016 of this Court, the report of Judicial Magistrate 1st Class, Faridabad has been received. As per the report, the statements of all the concerned parties have been recorded and the complainant has no objection, if the present FIR registered against the petitioners is quashed. Statements of the petitioners and complainant have been recorded to the same effect.

Today, pursuant to terms of the compromise (Annexure P-2), learned counsel for the petitioners has handed over a cheque of `5,80,000/- to learned counsel for respondent No.2 in the Court. It is being further informed that the statement under Section 13-B of HMA is to be recorded on 02.05.2017 and the entire payment towards final settlement is over. Consequently, in view of the above-said report and in view of the judgments of the Hon'ble Supreme Court in Dr. Arvind Barsaul etc. Vs. State of Madhya Pradesh and another, 2008(2) RCR (Criminal) 910; Madan Mohan Abbot vs. State of Punjab, 2008(2) RCR (Criminal) 429

-3and the law laid down by the Full Bench of this Court in the case of Kulwinder Singh and Ors. vs. State of Punjab and another, 2007(3) RCR (Crl.) 1052, no useful purpose would be served in prolonging the litigation. Accordingly, FIR No.129 dated 07.06.2014 under Sections 406 and 498-A IPC, registered at Police Station Faridabad NIT, District Faridabad and all the subsequent proceedings arising therefrom are hereby quashed on the basis of compromise deed dated 16.05.2016 (Annexure P-2). The present petition stands disposed of.

Needless to mention that in case the parties fail to comply with the terms and conditions of the compromise (Annexure P-2), then, the aggrieved party would be at liberty to recall the present order. November 15, 2016 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No