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High Court of Punjab and HaryanaCRM-M/41327/2022allowed

Ravi Raj And ANR v. State Of Haryana And Another

2023-04-28Mrs. Justice Amarjot Bhatti3 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 28.04.2023 Ravi Raj and Anr.

...... Petitioners

Versus

State of Haryana and Anr.

..... Respondents CORAM : HON'BLE MS. JUSTICE AMARJOT BHATTI

Present:

Ms. Chhavi Sharma, Advocate for the petitioners. Ms. Deepshikha Chauhan, Asst. A.G. Haryana.

Mr. Nagesh Paul, Advocate for respondent No. 2. **** AMARJOT BHATTI J. (ORAL) The petitioners - Ravi Raj and Urmila have filed the instant petition under Section 482 of Cr.P.C. for quashing of FIR No. 0067 dated 27.10.2020 (Annexure P-1) under Section 323, 406, 498-A, 506 of IPC, registered at Women Police Station Assandh, Karnal and its subsequent proceedings on the basis of mutual compromise dated 31.08.2022 effected between the petitioners and respondent No. 2.

The facts of the case are that the complainant - Monika filed written complaint against her husband Ravi Raj and others alleging that her marriage was performed on 08.07.2019. Her parents had spent Rs. 22 lacs at the time of engagement and marriage ceremony. She was given dowry articles by her parents as per their capacity. They started living together but no child was born out of this wedlock. Initially, she was kept with love, affection and dignity. Later on, she found that the accused persons were greedy and started humiliating her on account

-2of their demand of dowry. There was change in the behaviour of accused persons. She was physically and mentally harassed. On 25.08.2019, the accused persons raised demand for new Honda Activa, on the birthday of complainant. She was beaten up and was admitted in Ashok Gupta Hospital for treatment. Panchayat was also convened to effect compromise. However, there was no change in their behaviour. One FIR was also registered. She was ill-treated in the matrimonial home and their behaviour became all the more cruel. Ultimately, she informed her parents and the matter was reported to the police. The petitioners filed this petition for 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 learned Judicial Magistrate First Class, Assandh dated 26.09.2022. 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 or undue influence from any side and she has no objection regarding quashing of FIR.

The petitioners - Ravi Raj and Urmila have also confirmed this fact in their separate statement. The statement of ASI Sudesh Kumari is also recorded who further confirmed that the accused are neither involved in any other case nor have been declared as proclaimed offenders.

Therefore, from the report of learned Judicial Magistrate First Class, Assandh, 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

-3filed joint petition under Section 13-B of the Hindu Marriage Act in which decree of divorce has been granted on 16.08.2022. 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 - Ravi Raj and Urmila is accepted and FIR No. 0067 dated 27.10.2020 (Annexure P-1) under Section 323, 406, 498-A, 506 of IPC, registered at Women Police Station Assandh, Karnal and its subsequent proceedings on the basis of mutual compromise dated 31.08.2022 and the consequential proceedings arising therefrom are quashed.

Accordingly, the present petition stands accepted. (AMARJOT BHATTI ) JUDGE 28.04.2023 lalit Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No