Deepak Manchanda v. State Of U.T. Chandigarh And Others
-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 17.05.2023 Deepak Manchanda ...... Petitioner V/S State of U.T. Chandigarh and Anr.
..... Respondents CORAM :
HON'BLE MS. JUSTICE AMARJOT BHATTI
Present:
Mr.Palvinder Singh Sarna, Advocate for the petitioner.
Mr. J.S.Toor, APP, UT, Chandigarh.
Ms. Tahira Bhatti, Advocate for respondent No.2. **** AMARJOT BHATTI J. (ORAL) The petitioner- Deepak Manchanda has filed the instant petition under Section 482 of Cr.P.C. for quashing of FIR No.60 dated 10.06.2017, under Sections 406, 498-A of IPC, registered at Police Station Sector 17, Chandigarh and all other subsequent proceedings on the basis of compromise between the parties dated 26.05.2022 (Annexure P-4).
As per the facts of the case, the complainant -Harpreet Kaur, filed complaint for physical and mental harassment caused to her on account of demand of dowry. She got married with Deepak Manchanda on 19.11.2012. Her parents had given sufficient dowry consisting of gifts, jewellery and clothes to her
-2husband and in-laws family. After marriage, her husband told her that he wanted to settle abroad. He asked her to take financial help from her parents. Her mother gave cash of Rs.1 Lac to her husband and also paid the installments of most of the articles purchased by them. Her husband tried to raise loan on her parental house. Her parents had agreed to give power of attorney to her husband and to take loan for settling down in foreign country. The loan was not sanctioned and thereafter, her husband and in-laws family started ill-treating her. During this period, she conceived four times and her pregnancy was terminated at the instance of her husband and in-laws family. Her husband pressurized her to give him divorce.
She was taken to the court in Sector 43, Chandigarh for applying divorce on the basis of mutual consent but she did not agree. Her husband and in-laws family maltreated her during her stay in the matrimonial home. Her husband filed a divorce case and summons were sent to her. Thereafter, she filed the complaint which was enquired by Senior officer and the present FIR was registered. The petitioner filed this petition for the quashing of aforesaid FIR on the basis of compromise. The petitioner 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 Judicial Magistrate 1st Class, Chandigarh dated 17.02.2023. The statement of respondent No.
2 has been recorded, where she confirmed the compromise with the petitioner. She confirmed that this compromise has been effected without any pressure, coercion from any side and she has no objection regarding quashing of FIR.
The petitioner-Deepak Manchanda also confirmed this fact in his separate statement. The statement of ASI Sukhdev Singh is also recorded who
-3further confirmed that the accused is neither involved in any other case nor has been declared as proclaimed offender.
Therefore, from the report of Judicial Magistrate 1st Class, Chandigarh, 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 filed joint petition under Section 13-B of Hindu Marriage Act in which decree of divorce has been granted on 06.03.2023. Now, they will be able to live independently in peace and harmony. No purpose would be served with the continuation of criminal proceedings Therefore considering these facts the petition filed by the petitioner is accepted and FIR No.60 dated 10.06.2017, under Sections 406, 498-A of IPC, registered at Police Station Sector 17, Chandigarh and the consequential proceedings arising therefrom are quashed.
Accordingly, the present petition stands accepted. (AMARJOT BHATTI ) JUDGE 17.05.2023.
Sunil Devi Whether speaking/reasoned:
Yes/No Whether Reportable:
Yes/No