High Court of Punjab and HaryanaCRM-M/44959/2016allowed

Pankush Arora v. State Of Haryana And ANR.

2017-03-20Mrs. Justice Raj Rahul Garg2 pages

Crl. Misc. No. M-44959 of 2016

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Crl. Misc. No. M-44959 of 2016 Date of decision : 20.03.2017 Pankush Arora ......Petitioner versus State of Haryana and anr.

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Sanjiv Gupta, Advocate and Mr. K.K. Chaudhary, Advocate for the petitioner Ms. Mahima Yashpal, AAG, Haryana Mr. Bharat Bhushan Sharma, Advocate for respondent No. 2 **** RITU BAHRI , J. (Oral) Quashing of FIR No. 294 dated 31.05.2016 under Sections 406/498-A/506/323/377 IPC, registered at Police Station S.G.M Nagar, District Faridabad, is being sought on the basis of joint statement of petitioner and respondent No. 2 (P-3) Respondent No. 2 got married to petitioner on 23.12.2012. 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 petitioner on account of harassment and humiliation caused by the petitioner on the pretext of bringing less dowry by respondent No. 2.

However, the matter has now been duly compromised, on the basis of joint statement of petitioner and respondent No. 2 (P-3) GAURAV ARORA 2017.03.21 15:46 I attest to the accuracy and integrity of this document Chandigarh

Crl. Misc. No. M-44959 of 2016 In compliance of order dated 16.12.2016, report dated 07.01.2017 of Civil Judge(Jr. Divn), Faridabad has been received in this regard. As per report, joint statement of parties have been recorded on 23.12.2016 who stated that the matter has been duly compromised between them and they have decided to dissolve their marriage by way of mutual consent under Section 13-B of Hindu Marriage Act. Out of Rs.31 lacs, petitioner has paid Rs.15 lacs to the complainant and the remaining amount of Rs.16 lacs will be paid at the second motion in the divorce petition. The compromise has been entered voluntarily.

Consequently, in view of the status report dated 07.01.2017 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. 294 dated 31.05.2016 under Sections 406/498-A/506/323/377 IPC, registered at Police Station S.G.M Nagar, District Faridabad, is quashed along with all consequential proceedings arising therefrom qua petitioner.

The petition stands disposed of.

20.03.2017 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No GAURAV ARORA 2017.03.21 15:46 I attest to the accuracy and integrity of this document Chandigarh