High Court of Punjab and HaryanaCRM-M/44742/2016allowed

Sewa Ram & ANR v. State Of Haryana & ANR

2017-05-01Mrs. Justice Raj Rahul Garg2 pages

Crl. Misc. No. M-44742 of 2016

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Crl. Misc. No. M-44742 of 2016 Date of decision : 01.05.2017 Sewa Ram and anr.

......Petitioners versus State of Haryana and anr.

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Ms. Aashna Gill, Advocate for the petitioners Ms. Mahima Yashpal, AAG, Haryana **** RITU BAHRI , J. (Oral) Quashing of FIR No. 008 dated 04.01.2016 under Sections 323/34/406/498-A/506 IPC (Sections 354-A/377 IPC added lateron), registered at Police Station Sadar Panipat, District Panipat, is being sought on the basis of compromise deed dated 05.11.2016 (Annexure P-2) Respondent No. 2 got married to petitioner No. 3 on 23.01.2014. Due to temperamental differences, both the parties could not live together as husband and wife. The relationship between them became strained and F.I.R was registered against the petitioners on account of harassment and humiliation caused by the petitioners on the pretext of bringing less dowry by respondent No. 2. Further petitioner No. 1 had tried to commit rape upon respondent No. 2. The petitioner also gave beatings to the complainant.

However, the matter has now been duly compromised, on the basis of compromise deed dated 05.11.2016 (Annexure P-2). GAURAV ARORA 2017.05.03 16:05 I attest to the accuracy and integrity of this document Chandigarh

Crl. Misc. No. M-44742 of 2016 In compliance of order dated 16.12.2016, report dated 16.02.2017 of Judicial Magistrate 1st Class, Panipat has been received in this regard. As per report, separate statement of the complainant and petitioners had been recorded and they stated that the matter has been duly compromised between them. The compromise has been entered voluntarily. The complainant has no objection if the F.I.R be quashed against the petitioners.

Consequently, in view of the status report dated 16.02.2017 and in view of the judgment of the Hon'ble Supreme Court in cases of Dr. Arvind Barsaul etc. versus 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. 008 dated 04.01.2016 under Sections 323/34/406/498-A/506 IPC (Sections 354-A/377 IPC added lateron), registered at Police Station Sadar Panipat, District Panipat, is quashed along with all consequential proceedings arising therefrom qua petitioners. The petition stands disposed of.

01.05.2017 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No GAURAV ARORA 2017.05.03 16:05 I attest to the accuracy and integrity of this document Chandigarh