Dharmpal Singh Chouhan And ORS v. State Of Haryana And Another









 

 
























  
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[1] The present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No. 0751 dated 01.10.2018 registered at Police Station Bhiwani Sadar, District Bhiwani under Sections 323, 34, 406, 427, 498-A, 506 IPC on the basis of compromise between the parties. [2] Learned counsel for the petitioners inter alia submits that the marriage between petitioner No.1 and complainant-respondent No.2 was solemnized on 21.04.2015. There was a matrimonial dispute between the parties due to which the present FIR was got registered against the petitioners at the instance of respondent No.2-complainant. However, with the intervention of the respectables and relatives, they have finally settled their matrimonial dispute and compromise has been executed between the parties. The parties decided to end the matrimonial knot and in pursuance thereof a petition under Section 13-B of Hindu Marriage Act, 1955 has also


been instituted in Family Court, Bhiwani in which statement of first motion also got recorded and the case is adjourned for second motion statements. As such, prayer is made to quash the said FIR alongwith all consequent proceedings.

[3].

On 26.07.2023, the parties were directed to appear before the trial Court/Illaqa Magistrate for recording of their statements regarding the compromise between the parties.

[4] The report dated 04.09.2023 of the Chief Judicial Magistrate, Bhiwani through the District & Sessions Judge, Bhiwani has been received. As per the report, the statements of the parties were recorded and the compromise effected between the parties is genuine and out of their free will. No accused has been declared as proclaimed offender in this case. There is only one victim/complainant and she has supported the compromise.

[5] The Hon'ble Apex Court in Gian Singh Versus State of Punjab (SC) 2012 (4) RCR (Criminal) 543, has observed that in order to secure the ends of justice or to prevent the abuse of process of Court, this Court can use inherent powers to quash the criminal proceedings in which compromise has been effected.

[6] Since it was a matrimonial dispute and now the parties have settled the same by mutually arriving to a compromise and they have decided to dissolve the matrimonial ties and live separately, as such further continuing with the present FIR is not in the interest of the parties. This


Court feels that in order to secure the ends of justice, the criminal proceedings deserve to be quashed.

[7] Consequently, this petition is allowed and FIR No. 0751 dated 01.10.2018 registered at Police Station Bhiwani Sadar, District Bhiwani under Sections 323, 34, 406, 427, 498-A, 506 IPC and all other subsequent proceedings emanating therefrom are ordered to be quashed, qua the petitioners.

[8] Pending miscellaneous application(s), if any, also stands disposed of.




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Whether Reportable Yes/No