Kumar Chandan & ANR v. State Of Haryana &ANR

In the High Court of Punjab and Haryana at Chandigarh ......

Criminal Misc. No.M-43993 of 2014 .....

Date of decision:27.2.2015 Kumar Chandan and another .....Petitioners v.

State of Haryana and another .....Respondents ....

Present:

Mr. B.S. Tewatia, Advocate for the petitioners. Mr. Surinder Singh Pannu, Deputy Advocate General, Haryana for the respondent-State.

Mr. Ashok Kaushik, Advocate for complainant-respondent No.2.

.....

Inderjit Singh, J.

This petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No.220 dated 28.6.2012 (Annexure-P.1) registered for the offences under Sections 498-A, 406 and 323 IPC at Police Station Suraj Kund, District Faridabad and all subsequent proceedings arising therefrom in view of the compromise (Annexure-P.3).

The marriage of the complainant-Sadhna was solemnized with petitioner No.1-Kumar Chandan on 6.12.2000 as per Hindu rites and rituals. However, due to temperamental differences between the husband and wife, matrimonial dispute arose and the above said FIR has been registered on the statement of complainant against the petitioners. Now with the intervention of relatives and respectable persons, the matrimonial dispute has been

Cr. Misc. No.M-43993 of 2014 [2] amicably settled between the parties and they have entered into a compromise.

Keeping in view the fact that the parties have entered into a compromise, they were directed to appear before learned trial Court for getting their statements recorded in support of the compromise. After doing the needful, learned Judicial Magistrate Ist Class, Faridabad, has sent his report dated 18.2.2015 submitting that the compromise arrived at between the parties is without any pressure or coercion from any one and the same is genuine one.

Learned Deputy Advocate General, Haryana, on instructions from the Investigating Officer and learned counsel for the complainantrespondent No.2 admit the factum of compromise and submit that in case the parties have indeed settled their matrimonial dispute, the State would have no objection to the quashing of the FIR in view of the law laid down by the Hon'ble Supreme Court.

I have heard learned counsel for the petitioners as well as learned Deputy Advocate General, Haryana and learned counsel for complainant-respondent No.2 and have gone through the record. In a decision, based on compromise, none of the parties is a loser. Rather, compromise not only brings peace and harmony between the parties to a dispute, but also restores tranquility in the society. After considering the nature of offences allegedly committed and the fact that both the parties have amicably settled their matrimonial dispute, continuance of criminal prosecution would be an exercise in futility, as the

Cr. Misc. No.M-43993 of 2014 [3] chances of ultimate conviction are bleak.

Therefore, keeping in view the fact that the matrimonial dispute has been amicably settled and in view of the law laid by the Hon'ble Supreme Court in Gian Singh v. State of Punjab and another, 2012 (4) RCR (Cr.) 543, this petition is allowed and FIR No.220 dated 28.6.2012 (Annexure-P.1) registered for the offences under Sections 498-A, 406 and 323 IPC at Police Station Suraj Kund, District Faridabad and all subsequent proceedings arising out of the same are hereby quashed. February 27, 2015.

(Inderjit Singh) Judge *hsp*