Naveen And ORS. v. State Of Haryana And Another

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 27.03.2023 Naveen and ors.

..... Petitioners V/S State of Haryana and another ..... Respondents CORAM :

HON'BLE MS. JUSTICE AMARJOT BHATTI

Present:

Mr. Sandeep Bhardwaj, Advocate for the petitioners.

Mr. Amit Aggarwal, DAG, Haryana.

Mr. Mohan Singh Rana, Advocate for the complainant/respondent No. 2.

**** AMARJOT BHATTI J. (ORAL) The petitioners - Naveen, Om Parkash and Basanti have filed the instant petition under Section 482 of Cr.P.C. for quashing of FIR No. 17 dated 23.01.2017 under Section 323, 498-A, 506 of IPC, registered at Police Station Line Par, Bahadurgarh, District Jhajjar (Annexure P-1) and all other subsequent proceedings arising therefrom, on the basis of compromise deed dated 14.10.2022 (Annexure P-2).

The facts of the case are that one application was filed by the complainant Pooja alleging that she was physically and mentally harassed on account of demand of dowry. Her marriage was performed with Naveen on 29.11.2013. She was physically and mentally tortured by her husband and in-laws

-2in order to pressurize her to get the house of her father transferred in their favour. Thereafter, they started complaining that she gave birth to a baby girl. She tried to adjust in the matrimonial home but there was no change in their attitude. The matter was reported to the police but under pressure, the complaint was withdrawn. She was sent back to her parental house. The complaint was filed for taking action against the accused.

The petitioners have filed this petition for the quashing of aforesaid FIR on the basis of compromise deed dated 14.10.2022, Annexure P-2. The petitioners and respondent No.2 were directed to appear before the Illaqa/Duty Magistrate for recording their statements on the basis of compromise. The detailed report regarding compromise has been received from the Court of Sub Divisional Judicial Magistrate, Bahadurgarh, dated 11.01.2023. The statement of respondent No.2 has been recorded, where she confirmed the compromise with the petitioners. She confirmed that this compromise has taken place with the free consent and without any pressure. She further submits that she has no objection regarding quashing of FIR.

The petitioners also confirmed this fact in their separate statements. The statement of L/ASI Anju, No. 424/JJR is also recorded who further confirmed that the accused persons are neither involved in any other case nor declared proclaimed offender(s) in any other criminal case. Therefore, from the report of Sub Divisional Judicial Magistrate, Bahadurgarh, 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 disputes. They have also filed joint petition under Section 13-B of Hindu Marriage Act in which the second motion is

-3pending. 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 - Naveen, Om Parkash and Basanti is accepted and FIR No. 17 dated 23.01.2017 under Section 323, 498-A, 506 of IPC, registered at Police Station Line Par, Bahadurgarh, District Jhajjar and the consequential proceedings arising therefrom are quashed.

Accordingly, the present petition stands accepted. (AMARJOT BHATTI ) JUDGE 27.03.2023 lalit Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No