Parmod Sharma And Others v. State Of Haryana And Another

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 16.01.2023 Parmod Sharma & Ors.

...... Petitioners V/S State of Haryana and Anr.

..... Respondents CORAM :

HON'BLE MRS. JUSTICE AMARJOT BHATTI

Present:

Mr.Gaurav Gupta, Advocate for the petitioners.

Mr. Gaurav Gurcharan Singh Rai, DAG, Haryana. Mr. Ankit Aggarwal, Advocate for the respondent no. 2.

**** AMARJOT BHATTI J. (ORAL) The petitioners- Parmod Sharma, Pista Devi, Manoj and Virender have filed the instant petition under Section 482 of Cr.P.C. for quashing of FIR No.486 dated 20.07.2016, registered under Sections 498A, 323, 406, 34 of IPC at Police Station Saran, District Faridabad and all other subsequent proceedings on the basis of compromise between the parties.

The brief facts of the case are that complainant-Babli Sharma gave her statement to the police that she got married with Parmod Sharma on 14.12.2006 as per Hindu rites. She had given dowry articles beyond their capacity and her parents spent Rs. 8,00,000/- on her marriage. Even then she was taunted and maltreated in her matrimonial home. She gave birth to a daughter on 28.09.2008, who is

-2studying in Second class. She gave birth to second daughter on 21.07.2010, who is studying in First class. He did not take care of her and her children. She was beaten up and turned out of the matrimonial home. Her dowry articles lying in the matrimonial home are also misappropriate. Ultimately, the present FIR was got registered. The petitioners filed this petition for the quashing of aforesaid FIR on the basis of compromise. The petitioners and respondent No.2 were directed to appear before the trial Court/Illaqa Magistrate for recording their statements on the basis of compromise. The detailed report regarding compromise has been received from the the court of Judicial Magistrate Ist Class, Faridabad dated 23.05.2022. The statement of respondent no. 2 has been recorded, wherein she confirmed the compromise with the petitioners.

She confirmed that this compromise has been effected without any force, pressure or any sort of undue influence and she has no objection regarding quashing of FIR. The petitioners also confirmed this fact in their separate statement. The statement of ASI Harish Kumar is also recorded who further confirmed that the accused persons are neither involved in any other case nor have been declared as proclaimed offender(s). Therefore, from the report of Judicial Magistrate Ist Class, Faridabad, it is clear that the compromise has been effected between the parties without any pressure, coercion or undue influence, which is acceptable to both the parties. They have mutually settled all their disputes. The petitioner no. 1 and respondent no.

2 has filed joint petition under Section 13-B of Hindu Marriage Act in which decree of divorce has been granted on 27.07.2020.

-3independently. Future litigation will also come to an end. No purpose would be served with the continuation of criminal proceedings. Therefore considering these facts the petition filed by the petitioners is accepted and FIR No.486 dated 20.07.2016, registered under Sections 498A, 323, 406, 34 of IPC at Police Station Saran, District Faridabad and the subsequent proceedings arising therefrom are quashed.

Accordingly, the present petition stands accepted. (AMARJOT BHATTI ) JUDGE 16.01.2023 Sunil Devi/lalit Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No