Sunita Aggarwal And ORS v. State Of Haryana And Another
-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 01.05.2023 Sunita Aggarwal and Ors.
...... Petitioners V/S State of Haryana and Anr.
..... Respondents CORAM :
HON'BLE MS. JUSTICE AMARJOT BHATTI
Present:
Mr. Vishal Aggarwal, Advocate for the petitioners.
Ms. Deepshikha Chauhan, Asst. AG, Haryana.
Mr. Arvinder Singh, Advocate for respondent No.2. **** AMARJOT BHATTI J. (ORAL) The petitioners- Sunita Aggarwal, Pawan Aggarwal and Prashat Aggarwal have filed the instant petition under Section 482 of Cr.P.C. for quashing of FIR No.80 dated 16.09.2020, under Sections 323, 498-A, 406 of IPC, registered at Women Police Station Panchkula, District Panchkula and all other subsequent proceedings on the basis of compromise between the parties (Annexure P-2).
As per the facts of the case, the complainant -Archna Gupta filed written complaint alleging that she got married with Prashant Aggarwal on 25.02.2020. Her parents had spent Rs.55/60 Lacs on her marriage. They had given dowry and huge amount was spent on the reception of barat. After two days
-2of her marriage her husband and in-laws started taunting her for bringing less dowry. She was told that her father had assured to give Rs.11 Lac in cash but he had given only Rs.5 Lacs in cash for dowry articles. After getting her dependent Visa her husband went to U.K. on 05.03.2020. She was also sent back to her parental house in Panchkula. She returned to Panchkula from Mumbai on 16.03.2020. On 21.03.2020, she went to Dubai from Delhi and on reaching there, her husband did not talk to her. She was told that she did not bring Rs.11 Lacs as assured by her parents. She stayed in U.K. till 14.06.2020. She spent her own money for her meals. Ultimately, she was sent to her parental home and the expenses for tickets were borne by her parents. With these allegations, the present FIR has been registered.
The petitioners filed this petition for the quashing of aforesaid FIR on the basis of compromise. The petitioners 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, Panchkula dated 03.10.2022. The statement of respondent No.2 has been recorded, where she confirmed the compromise with the petitioners. 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 petitioners- Sunita Aggarwal, Pawan Aggarwal and Prashat Aggarwal have also confirmed this fact in their separate statement. The statement of ASI Renu is also recorded who further confirmed that the accused are neither involved in any other case nor have been declared as proclaimed offenders.
-3Therefore, from the report of Judicial Magistrate 1st Class, Panchkula, 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 decree of divorce has been granted on 17.02.2023. They will be able to live in peace and harmony. No purpose would be served with the continuation of criminal proceedings. Therefore, considering these facts the petition filed by the petitioners is accepted and FIR No.80 dated 16.09.2020, under Sections 323, 498-A, 406 of IPC, registered at Women Police Station Panchkula, District Panchkula and the consequential proceedings arising therefrom are quashed. Accordingly, the present petition stands accepted. (AMARJOT BHATTI ) JUDGE 01.05.2023.
Sunil Devi Whether speaking/reasoned:
Yes/No Whether Reportable:
Yes/No