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High Court of Punjab and HaryanaCRM-M/8651/2016allowed

Madhu Nanchahal And ORS v. State Of Haryana And ANR

2017-05-18Mrs. Justice Raj Rahul Garg2 pages

CRM-M-8651-2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-8651-2016 Date of Decision:- 18.05.2017 Madhu Nanchahal and others ....Petitioners

Versus

State of Haryana and another ....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Mavpreet Singh, Advocate for the petitioners.

Mr. D.R. Singla, DAG, Haryana.

Mr. Yogesh Goel, Advocate for respondent No.2.

**** RITU BAHRI, J. (Oral) Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.316 dated 10.06.2015, under Sections 498-A, 406, 120-B, 420, 383, 384, 467, 468 and 471 IPC, registered at Police Station Palam Vihar, District Gurgaon, on the basis of compromise deed dated 04.03.2016 (Annexure P-1).

Brief facts of the case are that marriage between petitioner No.3 and respondent No.2 was solemnized on 05.10.2008 at Chandigarh. The parents of the complainant had given dowry according to their capacity. Due to incompatibility of temperament, both the parties could not live together as husband and wife. 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, on the basis of compromise deed dated 04.03.2016 Naresh Kumar 2017.07.18 15:06 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-8651-2016 -2- (Annexure P-1).

During 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 04.03.2016 (Annexure P-1), by way of order dated 27.09.2016, by this Court.

In compliance of order dated 27.09.2016 of this Court, the report of the Civil Judge (Jr. Divn.), Gurugram, dated 12.04.2017 has been received. As per the report, the statements of all the concerned parties have been recorded and the complainant has no objection, if the present FIR registered against the petitioners is quashed. Statements of the petitioners and complainant 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.316 dated 10.06.2015, under Sections 498-A, 406, 120-B, 420, 383, 384, 467, 468 and 471 IPC, registered at Police Station Palam Vihar, District Gurgaon, and all the subsequent proceedings arising therefrom qua petitioner are hereby quashed, on the basis of compromise deed dated 04.03.2016 (Annexure P-1). The present petition stands disposed of.

May 18, 2017 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2017.07.18 15:06 I attest to the accuracy and integrity of this document Chandigarh