High Court of Punjab and HaryanaCRM-M/34315/2015allowed

Nikhil Manchanda v. State Of Punjab And ANR.

2016-08-17Mrs. Justice Raj Rahul Garg2 pages

Crl. Misc. No. M-34315 of 2015

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Crl. Misc. No. M-34315 of 2015 Date of decision : 17.08.2016 Nikhil Manchanda ......Petitioner versus State of Haryana & anr.

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Paras Talwar, Advocate for the petitioner Mr. Anmol Malik, AAG, Haryana Mr. Himanshu, Advocate for the complainant **** RITU BAHRI , J. (Oral) Quashing of FIR No. 104 dated 08.05.2012 under Sections 406/498-A, registered at Police Station DLF, Phase II, Gurgaon, is being sought on the basis of compromise dated 25.07.2014 (Annexure P2). Respondent No. 2 got married to petitioner on 19.02.2006. Due to temperamental differences, both the parties could not live together as husband and wife. One male child was born out of this wedlock on 05.02.2008. The relationship between them became strain and thereafter, the F.I.R was registered against the petitioner on account of bringing less dowry and harassment caused by the petitioner. The child is in the custody of respondent No. 2 However, the matter has now been duly compromised, vide compromise deed dated 25.07.2014 (Annexure P2). In compliance of order dated 23.04.2016, report of District and GAURAV ARORA 2016.08.24 15:57 I attest to the accuracy and integrity of this document

Crl. Misc. No. M-34315 of 2015 Sessions Judge, Gurgaon has been received in this regard. As per report, statement of parents of the complainant and the petitioner have been recorded. Parents of the complainant stated that the matter stands compromised between the parties and their daughter does not want to proceed further against the accused and has no objection, if the present F.I.R be quashed against the petitioner. The compromise has been entered voluntarily.

Consequently, in view of the status report and in view of the judgment of the Hon'ble Supreme Court in the case of Dr. Arvind Barsaul etc. versus State of Madhya Pradesh and another 2008(2) RCR (Criminal) 910, no useful purpose would be served in prolonging the litigation. Accordingly, FIR No. 104 dated 08.05.2012 under Sections 406/498-A, registered at Police Station DLF, Phase II, Gurgaon, is quashed along with all consequential proceedings arising therefrom qua petitioner. The petition stands disposed of.

17.08.2016 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No GAURAV ARORA 2016.08.24 15:57 I attest to the accuracy and integrity of this document