Ashish Tanwar v. State Of Haryana

CRM-M-60587-2022 -12023:PHHC:066149

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-60587-2022 Date of decision : 08.05.2023 Ashish Tanwar and Anr.

...... Petitioners V/S State of Haryana and Anr.

..... Respondents CORAM :

HON'BLE MS. JUSTICE AMARJOT BHATTI

Present:

Ms. Sharmila Sharma, Advocate for the petitioners. Ms. Deepshikha Chauhan, AAG, Haryana.

Ms. Aarti Sharma, Advocate for respondent No.2. **** AMARJOT BHATTI J. (ORAL) The petitioners- Ashish Tanwar and Yashwanti have filed the instant petition under Section 482 of Cr.P.C. for quashing of FIR No.577 dated 22.09.2021, under Sections 323, 498-A, 34 of IPC, registered at Police Station City Sonepat, District Sonepat and all other subsequent proceedings on the basis of compromise between the parties dated 17.12.2022 (Annexure P-2). As per the facts of the case, the complainant -Kusum gave her statement to the police that she got married with Ashish and out of this wedlock a male child was born on 21.11.2019 who is six months old. Her mother-in-law Ishwanti and sister-in-law-Manju started maltreating her from the very beginning. On 19.09.

2021, she was harassed by her husband, mother-in-law and sister-in-law to the extent that she consumed poisonous tablet. She was admitted in the hospital by her husband. With these allegations, present FIR has been registered. The petitioners filed this petition for the quashing of aforesaid FIR on the basis of compromise. The petitioners and respondent No.2 were directed to SUNIL DEVI 2023.05.

CRM-M-60587-2022 -22023:PHHC:066149 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 Chief Judicial Magistrate, Sonepat dated 18.03.2023. 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 from any side and she has no objection regarding quashing of FIR.

The petitioners- Ashish Tanwar and Yashwanti have also confirmed this fact in their separate statement. The statement of ASI Sonia 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 Chief Judicial Magistrate, Sonepat 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 the disputes and started living together. They will be able to live in peace and harmony. It will end the litigation started between them. No purpose would be served with the continuation of criminal proceedings. Therefore considering these facts the petition filed by the petitioners is accepted and FIR No.577 dated 22.09.2021, under Sections 323, 498-A, 34 of IPC, registered at Police Station City Sonepat, District Sonepat and the consequential proceedings arising therefrom are quashed. Accordingly, the present petition stands accepted. (AMARJOT BHATTI ) JUDGE 08.05.2023 Sunil Devi Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No SUNIL DEVI 2023.05.15 10:17 I attest to the accuracy and integrity of this document