Devindra v. State Of Haryana And Another


   

      




 

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The present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.382 dated 26.07.2019, under Sections 323, 406 and 498-A IPC, registered at Police Station City Palwal, District Palwal (Annexure P-1), on the basis of compromise dated 10.09.2023 (Annexure P-2) between the parties. 2.

Learned counsel for the petitioner inter alia contends that compromise has been effected between the parties. On 24.05.2023, complainant has withdrawn the petition filed by her under Domestic Violence Act. Joint petition for divorce has also been filed by the parties under Section 13-B of the Hindu Marriage Act, 1955. The parties have settled all their disputes and the complainant has no objection if the FIR in question is quashed.

3.

Learned State counsel, on instructions from SI Rajesh Kumar, informed that out of 5 accused, challan under Sections 323, 406 and 498-A IPC was presented only against the petitioner.

 4.

Vide order dated 05.10.2023, the parties were directed to appear before the trial Court/Illaqa Magistrate for recording of their statements regarding the compromise.

5.

The report dated 17.10.2023 of Chief Judicial Magistrate through the District & Sessions Judge, Palwal, has been received. As per the said report, the compromise between the parties is genuine. The relevant portion of the said report reads as under:





 

 

 

   

 

  

 

     

  

 

   

      



   



 

 

   

   

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Hon'ble the Full Bench of this Court in Kulwinder Singh and others vs. State of Punjab and others 2007 (3) RCR (Criminal) 1052, has held that the High Court has power under Section 482 Cr.P.C. to allow the compounding of noncompoundable offences and quash the proceeding where the High Court is of the opinion that it is required to prevent the abuse of process of law or otherwise to secure the ends of justice.

7.

Since the matter has been settled between the parties and the complainant has withdrawn her petition filed under the Domestic Violence Act and

 a joint petition for divorce by mutual consent has been filed by the parties under Section 13-B of the Hindu Marriage Act, 1955, as such, the parties want to separate by giving a quietus to the dispute.

8.

Consequently, this petition is allowed and FIR No.382 dated 26.07.2019, under Sections 323, 406 and 498-A IPC, registered at Police Station City Palwal, District Palwal (Annexure P-1) and all the subsequent proceedings emanating therefrom are ordered to be quashed, qua the petitioner. 9.

Pending miscellaneous application(s), if any, shall also stand disposed of.

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