Vishal Bhatia v. State Of Punjab & ANR

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:- 26.04.2017 Vishal Bhatia ....Petitioner

Versus

State of Punjab and another ....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. R.K.S. Verka, Advocate for the petitioner.

Mr. APS Gill, AAG, Punjab.

Mr. Veneet Sharma, 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.258 dated 04.07.2014, under Section 498-A IPC, registered at Police Station A-Division, District Amritsar City, on the basis of compromise/statement given before this Court. Brief facts of the case are that marriage between the petitioner and respondent No.2 was solemnized on 29.11.2009 as per Hindu Religious Rites and Ceremonies. 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 taunting demanding the dowry from the complainant. Due to incompatibility of temperament, both the parties could

-2not live together as husband and wife. The relationship between them became strained and thereafter, the F.I.R was registered against the petitioner.

Learned counsel for the petitioner submits that keeping in view the peace and harmony, the matter has now been amicably settled on the basis of compromise/statement given before this Court. 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, by way of order dated 22.09.2016, by this Court.

In compliance of order dated 22.09.2016 of this Court, the report of the Judicial Magistrate 1st Class, Amritsar, dated 01.12.2016 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 petitioner is quashed. Statements of the petitioner and complainant have been recorded to the same effect. Not only that, at the time of granting of anticipatory bail to petitioner Vishal Bhatia, vide order dated 22.04.2015, passed by this Court in CRM-M-25803-2014, it was observed that he will not misuse the cheque books of IndusInd Bank Account No.0119-T-26957001 and Account No.0119-X-51376001 of complainant.

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 and the law laid down by the Full Bench of this Court in the case of

-3Kulwinder 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.258 dated 04.07.2014, under Section 498-A IPC, registered at Police Station A-Division, District Amritsar City and all the subsequent proceedings arising therefrom qua petitioner are hereby quashed, on the basis of compromise/statement given before this Court and subject to the condition that he will abide by the above-said undertaking given at the time of anticipatory bail. The present petition stands disposed of.

April 26, 2017 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No