Rohit Chawla And Others v. State Of Punjab And ANR.
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Date of decision: 24.11.2022 ROHIT CHAWLA AND ORS.
..PETITIONERS Vs.
STATE OF PUNJAB AND ANR.
..RESPONDENTS CORAM: HON'BLE MRS. JUSTICE AMARJOT BHATTI Present: Ms. Neha Matharoo, Advocate for the petitioners. Mr. Kunwarbir Singh, AAG, Punjab.
**** AMARJOT BHATTI, J.
The present petition filed under Section 482 Cr.P.C., the petitioners/Rohit Chawla, Sukesh Chawla and Sandhya Chawla seek quashing of FIR No.63, dated 12.11.2020 registered under Sections 406 and 498-A IPC at Police Station PS Women, District Jalandhar City (Punjab) on the basis of compromise (Annexure P-2) The brief facts of the case are that a written complaint was received in the office of District Police, Commissionerate Jalandhar (Rural) against Rohit Chawla and others. It is alleged that marriage of complainant was solemnized with Rohit Chawla on 22.01.2019 according to Hindu Rites. The behavior of accused was strange after marriage, she was treated with physical and mental cruelty. Their marriage was performed with great pomp and show, huge dowry articles valuable gifts etc. were given to the family and she was also
-2given huge dowry. The parents of boy insisted for cash of Rs. 50 lacs as she was to go to United States. She stayed with her husband for few days and on 07.03.2019 she also went to US. On 08.03.2019 accused No.1 started harassing her asking for balance of Rs. 40 lacs from her parents. She tolerated the behavior of accused with the hope that better sense would prevail. The behavior of her husband was violent. He was picking up quarrels on false allegations. He was repeatedly raising demand for Rs. 40 lacs. She tried to take help of elder brother of her husband but he refused to help her. Because of the cruel treatment of her husband and his family, she returned back to India on 22.04.2019. The efforts for re-conciliation failed. Ultimately, the matter was reported to police.
The petitioners filed the present petition for quashing of aforesaid FIR on the basis of compromise arrived at Mediation and Conciliation Centre, Punjab and Haryana High Court Chandigarh settlement dated 01.04.2022. The parties were directed to appear before the area Magistrate/trial Court for recording of their statements on the basis of compromise. The statements of Rohit Chawla, Sukesh Chawla and Sandhya Chawla-petitioners have been recorded. It is confirmed that the compromise has been effected with their free consent without any coercion with the help of Mediation and Conciliation Centre of Hon'ble Punjab and Haryana High Court, Chandigarh which is (Annexure P-2). The statement of Anshu Arora respondent No.2 is also recorded. Confirming the aforesaid compromise, she also confirmed that she has received the bank draft
-3dated 12.08.2022 worth Rs. 5,50,000/-. She also confirmed that this compromise is effected with her free consent. I have considered the detailed compromise report where it is reported that this compromise is voluntary without any pressure or coercion as referred in their respective statements. Respondent No.2Anshu Arora has already received Rs. 5,50,000/- and even today the counsel for respondent No.2-Anshu Arora received another bank draft of Rs. 5,50,000/- dated 20.10.2022.
Counsel for the petitioners and counsel for respondent No.2 confirmed the entire payment as per the compromise deed dated 1.4.2022. No dispute is left between the parties. The aforesaid FIR came into existence on account of matrimonial dispute, which is settled with the intervention of Mediation and Conciliation Centre of the High Court. The petitioners are not involved in any other case nor they have been declared proclaimed offenders. Under these circumstances, no purpose would be served with the continuation of criminal proceedings in the aforesaid FIR. Therefore, the compromise arrived at between the parties is accepted, accordingly FIR No.63, dated 12.11.2020 registered under Sections 406 and 498-A IPC at Police Station PS Women, District Jalandhar City (Punjab) along with consequent proceedings are quashed by accepting the present petition.
The petition is accordingly disposed of.
(AMARJOT BHATTI) November 24, 2022 JUDGE Poonam Sharma Whether speaking/reasoned :
Yes/No Whether reportable :
Yes/No