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High Court of Punjab and HaryanaCRM-M/34051/2016allowed

Sandeep And ORS v. State Of Haryana And ANR

2016-12-12Mrs. Justice Raj Rahul Garg2 pages

CRM-M-34051-2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-34051-2016 Date of Decision:- 12.12.2016 Sandeep and others ....Petitioners

Versus

State of Haryana and others ....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Raj K. Narang, Advocate, for the petitioners.

Ms. Mahima Yashpal, AAG, Haryana.

None for respondent Nos.2 and 3.

**** RITU BAHRI, J. (Oral) Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.636 dated 27.11.2013, under Sections 498-A, 506 and 323 read with Section 34 IPC, registered at Police Station Saran, District Faridabad, on the basis of compromise deed dated 04.05.2016 (Annexure P-4).

Brief facts of the case are that both complainants married to petitioner Nos.1 and 2 on 24.06.2010, according to Hindu Ritual. After the marriage, the behavior of the accused became changed and they started beatings to the complainants on account of demand of dowry. Thereafter, due to incompatibility of temperament, both the parties could not live together. 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, the matter has now been amicably settled between the parties with the intervention of respectable persons, vide Naresh Kumar 2016.12.21 15:50 I attest to the accuracy and integrity of this document Chandigarh compromise deed dated 04.05.2016 (Annexure P-4).

CRM-M-34051-2016 -2During 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 deed dated 04.05.2016 (Annexure P-4), by way of order dated 24.09.2016, by this Court.

In compliance of order dated 24.09.2016 of this Court, the report of the Judicial Magistrate 1st Class, Faridabad, dated 07.11.2016 has been received. As per the report, the statements of all the concerned parties have been recorded and the complainants have no objection, if the present FIR registered against the petitioners is quashed. Statements of the petitioners and complainants have been recorded to the same effect. 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 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.636 dated 27.11.2013, under Sections 498-A, 506 and 323 read with Section 34 IPC, registered at Police Station Saran, District Faridabad and all the subsequent proceedings arising therefrom are hereby quashed, on the basis of compromise deed dated 04.05.2016 (Annexure P-4).

The present petition stands disposed of.

December 12, 2016 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2016.12.21 15:50 I attest to the accuracy and integrity of this document Chandigarh