High Court of Punjab and HaryanaCRM-M/27699/2016allowed

Bhupender v. State Of Haryana And ANR

2017-02-15Mrs. Justice Raj Rahul Garg2 pages

CRM-M-27699-2016 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-27699-2016 (O&M) Date of Decision:- 15.02.2017 Bhupender ....Petitioner

Versus

State of Haryana and another ....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Manoj Kumar Pundir, Advocate, for the petitioner.

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

Mr. Shakti Singh, 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.176 dated 07.05.2015, under Sections 323, 498-A, 406, 500 and 506 IPC, registered at Police Station Safidon, District Jind, on the basis of compromise dated 29.07.2016 (Annexure P-2). Brief facts of the case are that marriage between petitioner and respondent No.2 was solemnized on 06.05.2011 as per Hindu Rites and Rituals. The parents of the complainant had given dowry according to their capacity. After the marriage, the behavior of accused changed and he has started giving beatings to the complainant. 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 petitioner.

Naresh Kumar 2017.02.16 16:49 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-27699-2016 (O&M) -2Learned counsel for the petitioner submits that keeping in view the peace and harmony, the matter has now been amicably settled between the parties, vide compromise dated 29.07.2016 (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 dated 29.07.2016 (Annexure P-2), by way of order dated 15.12.2016, by this Court.

In compliance of order dated 15.12.2016 of this Court, the report of the Sub-Divisional Judicial Magistrate, Safidon, Jind, dated 18.01.2017 has been received. As per the report, the statement of complainant has been recorded and she has no objection, if the present FIR registered against the petitioner is quashed. . Consequently, in view of the above-said facts 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 and 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.176 dated 07.05.2015, under Sections 323, 498-A, 406, 500 and 506 IPC, registered at Police Station Safidon, District Jind and all the subsequent proceedings arising therefrom are hereby quashed, on the basis of compromise dated 29.07.2016 (Annexure P-2).

The present petition stands disposed of.

February 15, 2017 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2017.02.16 16:49 I attest to the accuracy and integrity of this document Chandigarh