Amit Kumar v. State Of Haryana And Other

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No. M-28079 of 2016 Date of decision: 05.10.2016 Amit Kumar

...Petitioner

Versus

State of Haryana and others

...Respondents

CORAM:HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Jitender S.Chahal, Advocate, for the petitioner.

Mr. Himmat Singh, DAG, Haryana.

Ritu Bahri, J.

Reply by way of affidavit has been filed on behalf of respondent No.1 and the same is taken on record.

Quashing of FIR No.389 dated 15.11.2013, under Sections 498-A, 406, 506 and 120-B IPC, registered at Police Station, Farakpur, District Yamuna Nagar (Annexure P-1) is sought on the basis of compromise and affidavit dated 06.08.2016 (Annexures P-2 and P-3).

The F.I.R was registered on the basis of complaint made by Neelam-respondent No.2 to the effect that her marriage was solemnized with Amit-petitioner on 24.06.2012. Out of this wedlock, no child was born. The petitioners gave beatings to her. She was harassed and humiliated by the petitioner on account of bringing insufficient dowry. In this background, the FIR was registered.

-2During the pendency of the trial, with the intervention of respectable persons, the matter has now been amicably resolved between the the respondent No.2-complainant and the petitioner vide compromise deed dated 06.08.2016 (Annexure P-2).

In compliance with the order dated 16.08.2016 passed by this Court, the parties got recorded their statements before the trial Court. Report from the Judicial Magistrate Ist Class, Yamuna Nagar at Jagadhri, has been received in this regard. As per report, Neelam-respondent No.2 (complainant) made her statement on 27.09.2016 to the effect that she has compromised the matter with the petitioner at her own will and without any coercion or pressure. She has no objection if, the above said FIR is quashed. Statement of petitioner was also recorded to the same effect. In view of separate statements of the parties, the court is satisfied that the compromise is valid and genuine one. Consequently, in view of the status report and the judgment of the Hon'ble Supreme Court in the case of Madan Mohan Abbot vs.

State of Punjab 2008(2) RCR (Criminal) 429, 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, this Court is of the view that no useful purpose would be served in prolonging the litigation. Accordingly, FIR No.389 dated 15.11.2013, under Sections 498-A, 406, 506 and 120-B IPC, registered at Police Station, Farakpur, District Yamuna Nagar, is quashed with all consequential proceedings arising therefrom qua the petitioners.

-3The petition stands disposed of accordingly. (RITU BAHRI) October 05, 2016 JUDGE anju Whether speaking/reasoned:

Yes Whether reportable :

No