Amit Singhal v. The State Of Haryana And ANR.

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 277+124 Date of decision:09.08.2022 Amit Singhal ... Petitioner Vs.

The State of Haryana and another ... Respondents CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL

Present:

Mr. Sandeep Jasuja, Advocate for the petitioner. Ms. Ankita Ahuja, AAG, Haryana.

Mr. Aayush Goyal, Advocate for Mr. Vishal Aggarwal, Advocate for respondent No.2. *** SUVIR SEHGAL J. (ORAL) CRM-28229-2022 Application is allowed as prayed for.

Judgment and decree of divorce dated 08.07.2022 passed by Family Court, Faridabad in petition under Section 13-B of the Hindu Marriage Act, 1955 is taken on record as Annexure P-6. Main Case Instant petition has been filed under Section 482 of Cr.P.C. for quashing of FIR No.21 dated 20.04.2018 under Sections 323, 406, 498A and 506 of IPC, 1860, registered at Police Station Women, Ballabhgarh, District Faridabad, Annexure P-1, alongwith all subsequent proceedings arising therefrom, on the basis of settlement agreement/compromise deed dated 06.12.2021, Annexure P-2, arrived at between the parties.

-2Counsel for the petitioner submits that marriage of petitioner was solemnized with complainant/respondent No.2 on 25.07.2015 at Faridabad and no child was born out of the wedlock. Counsel submits that FIR, Annexure P-1, is an outcome of a matrimonial dispute between the parties, which has been settled by virtue of settlement agreement/compromise deed, Annexure P-2, arrived before the Mediation and Conciliation Centre of this Court. Counsel submits that although the first petition filed under Section 13-B of the Hindu Marriage Act, 1955, was dismissed as the second motion could not be recorded, however, a second petition was filed under the same provision, which has now been allowed vide judgment and decree, Annexure P-6. Counsel submits that the entire permanent alimony of Rs.26 lac has been paid and all the litigation inter se parties has been withdrawn by both the sides.

Upon instructions from HC Meena Bai, State counsel submits that matter is under investigation.

Counsel for respondent No.2 has admitted the factum of compromise and supported the prayer made in the petition. Heard counsel for the parties.

Vide order dated 15.12.2021, this Court directed the parties as well as Investigating Officer to appear before the Trial Court/Illaqa Magistrate to get their statements recorded and a report was called for, which has been received and its relevant extract is as under:- "(i) As per statement of SHO/IO, there were five persons arrayed as accused in the FIR. During investigation, no material was found against the four accused and now investigation is being conducted only

-3against the accused Amit Singhal. There is no Proclaimed Offender or absconding accused in this case.

(ii) Complainant is Ms. Kanupriya Garg.

She is the aggrieved person. She has appeared before the Court of undersigned, was identified by her counsel, and statement of compromise was recorded on her voluntary statement.

(iii) The case is at the stage of investigation pending. Challan has not been filed before the court.

(iv) The compromise is genuine, voluntary and out of free will of the parties.

(v) As per statement of SHO/IO, no other case is registered against the accused."

It is evident that FIR, Annexure P-1, is an outcome of a marital discord, which has been amicably settled and all litigation inter se parties has also been withdrawn. Keeping in view the above, report of the trial court as well as judgments of the Supreme Court in Narinder Singh Versus State of Punjab (2014) 6 SCC 466 and Parbatbhai Aahir alias Parbatbhai Bhimsinhbhai Karmur and others Versus State of Gujarat and another (2017) 9 SCC 641, this Court has no hesitation in quashing the FIR.

Accordingly, petition is allowed. FIR No.21 dated 20.04.2018 under Sections 323, 406, 498-A and 506 of IPC, 1860, registered at Police Station Women, Ballabhgarh, District Faridabad, Annexure P-1, and all subsequent proceedings arising therefrom, are quashed qua the petitioner.

09.08.2022 (SUVIR SEHGAL) sheetal JUDGE Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No