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High Court of Punjab and HaryanaCRM-M/28536/2022allowed

Anshul Parmar v. State Of Haryana And Another

2023-05-30Mrs. Justice Amarjot Bhatti3 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 30.05.2023 Anshul Parmar ...... Petitioner V/S State of Haryana and Anr.

..... Respondents CORAM :

HON'BLE MS. JUSTICE AMARJOT BHATTI

Present:

Mr. J.S.Mehndiratta, Advocate for the petitioner.

Ms. Mayuri Lakhanpal, DAG, Haryana.

Mr. Anmol Verma, Advocate for respondent No.2. **** AMARJOT BHATTI J. (ORAL) The petitioner- Anshul Parmar has filed the instant petition under Section 482 of Cr.P.C. for quashing of FIR No.94 dated 24.08.2020, under Sections 406, 498-A and 506 of IPC, registered at Women Police Station, District Hisar and all other subsequent proceedings on the basis of compromise between the parties dated 27.09.2021 (Annexure P-2).

As per the facts of the case, the complainant - Sobha Arya filed a written complaint against her husband and in-laws family alleging that she got married with Anshul Parmar on 18.10.2018. She was harassed and maltreated in the matrimonial home right from the very beginning as her parents had not given

-2Honda City car at the time of marriage. Her husband was not interested in her right from the very beginning of marriage. He used to project himself as he was a very good husband. She was taunted by her husband and mother-in-law by saying that she did not bring anything from her parental house. Her mother-in-law told her to bring money from her parents house. She saw objectionable pictures in the laptop of her husband. When she confronted him, he threatened her to end their relationship. At the time of marriage, she was working and she was also doing the household work. She tried to adjust in the matrimonial home. She was constantly insulted and maltreated in the matrimonial home. She has narrated various incidents which took place in the matrimonial home from time to time. She apprehended threat to her life, ultimately, she filed this complaint on the basis of which the present FIR has been registered.

The petitioner filed this petition for the quashing of aforesaid FIR on the basis of compromise. The petitioner and respondent No.2 were directed to appear before the trial Court/Illaqa Magistrate for recording their statements on the basis of compromise. The detailed report regarding compromise has been received from the court of Judicial Magistrate 1st Class, Hisar dated 26.04.2023. The statement of respondent No.2 has been recorded, where she confirmed the compromise with the petitioner. She confirmed that this compromise has been effected without any pressure, coercion from any side and she has no objection regarding quashing of FIR.

The petitioner-Anshul Parmar also confirmed this fact in his separate statement. The statement of SI Sulekha is also recorded who further confirmed that the accused is neither involved in any other case nor has been declared as proclaimed offender.

-3Therefore, from the report of Judicial Magistrate 1st Class, Hisar, it is clear that the compromise has been effected between the parties without any pressure, coercion or undue influence, which is acceptable to both the parties. They have mutually settled all their matrimonial disputes. They have also filed joint petition under Section 13-B of Hindu Marriage Act in which second motion statements are yet to be recorded. Learned counsel for the petitioner has handed over a demand draft of Rs.5 Lacs dated 18.05.2023 drawn from DCB Bank Pitampura in favour of Sobha Arya (respondent No.2) to the counsel for respondent No.2 today in the court, as per the terms of their settlement. Copy of the same is placed on record. Thereafter, they will be able to live independently in peace and harmony.

No purpose would be served with the continuation of criminal proceedings Therefore considering these facts the petition filed by the petitioner is accepted and FIR No.94 dated 24.08.2020, under Sections 406, 498-A and 506 of IPC, registered at Women Police Station, District Hisar and the consequential proceedings arising therefrom are quashed.

Accordingly, the present petition stands accepted. (AMARJOT BHATTI ) JUDGE 30.05.2023.

Sunil Devi Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No