Sunil Sonkar And ANR v. Union Territory Chandigarh And ANR

In The High Court for the States of Punjab and Haryana At Chandigarh CRM-M-54620-2018 (O&M) Date of Decision:- 10.2.2021 Sunil Sonkar and another ... Petitioners

Versus

Union Territory Chandigarh and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Ghulam Nabi Malik, Advocate, for the petitioners. Mr. Sumit Jain, Addl. PP, for U.T. Chandigarh. None for the complainant.

(Proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J . (Oral) The petitioners have approached this Court seeking quashing of FIR No.18, dated 15.3.2018, Police Station Women, Sector 17, Chandigarh, under Sections 406 and 498-A IPC on the ground that the matter has since been compromised.

Since the matter basically arose out of a matrimonial discord amongst the parties, the parties were referred to Mediation and Conciliation Centre of this Court which has yielded results and a compromise dated 16.10.2018 was effected in the Mediation Centre, original whereof has been placed on record with this petition which duly bears signature of both the parties including that of the complainant Ritu Sonkar. MOHAN SINGH 2021.02.11 10:44 I attest to the accuracy and integrity of this document

- 2 - CRM-M-54620-2018 (O&M) As per the terms agreed amongst the parties the petitioners were to pay an amount of `9 lakhs in two installments to the complainant. It was further agreed that the parties would get their marriage dissolved by way of filing a petition under Section 13-B of Hindu Marriage Act and that the above FIR will also be got quashed in view of the compromise. Learned counsel for the petitioners has submitted that pursuant to the said compromise, a petition under Section 13-B of Hindu Marriage Act was filed and during the course of which the amount of `9 lakhs was paid to the complainant and consequently the marriage between the parties stand dissolved by mutual consent. It has further been submitted that the petitioners shall abide by all such conditions as have been set out in the compromise dated 16.10.2018.

Though, there is no representation on behalf of the complainant, but keeping in view the settlement dated 16.10.2018 and the submissions made by learned counsel before this Court especially submission to the effect that the entire amount has been paid and marriage stands dissolved, the instant petition also deserves to be accepted in view of the compromise. The petition, as such, is allowed and the FIR No.18, dated 15.3.2018, Police Station Women, Sector 17, Chandigarh, under Sections 406 and 498-A IPC is hereby quashed qua the petitioners in view of the compromise. The parties shall remain bound by the terms of the compromise. February 10, 2021 (GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No MOHAN SINGH 2021.02.11 10:44 I attest to the accuracy and integrity of this document