Vikas Gupta And ORS v. State Of Haryana And ANR

CRM-M-7376-2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-7376-2017 Date of Decision:- 26.04.2017 Vikas Gupta and others ....Petitioners

Versus

State of Haryana and another ....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Y.P. Malik, Advocate, for the petitioners. Mr. D.R. Singla, DAG, Haryana.

Mr. Adarsh Jain, 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.642 dated 20.12.2012 (Annexure P-1), under Sections 498-A, 323, 406 and 506 IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961, registered at Police Station Sector 7, Faridabad, District Faridabad, on the basis of compromise dated 09.08.2016 (Annexure P-2). Brief facts of the case are that marriage between petitioner No.1 and respondent No.2 was solemnized on 14.04.2010 as per Hindu Rites and Ceremonies. The parents of the complainant had given dowry according to their capacity. After the marriage, the behavior of accused changed and they have started giving beatings to the complainant. 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 Naresh Kumar 2017.04.28 15:17 I attest to the accuracy and integrity of this document Chandigarh view the peace and harmony, the matter has now been amicably settled

CRM-M-7376-2017 -2between the parties with the intervention of respectable persons, vide compromise dated 09.08.2016 (Annexure P-2).

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 dated 09.08.2016 (Annexure P-2), by way of order dated 06.03.2017, by this Court.

In compliance of order dated 06.03.2017 of this Court, the report of the Judicial Magistrate 1st Class, Faridabad, dated 06.04.2017 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.642 dated 20.12.2012 (Annexure P-1), under Sections 498-A, 323, 406 and 506 IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961, registered at Police Station Sector 7, Faridabad, District Faridabad and all the subsequent proceedings arising therefrom qua petitioners are hereby quashed, on the basis of compromise dated 09.08.2016 (Annexure P-2).

The present petition stands disposed of.

April 26, 2017 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2017.04.28 15:17 I attest to the accuracy and integrity of this document Chandigarh