Petition for quashing FIR registered due to matrimonial disputes allowed. Court relying on divorce by mutual consent decree and settlement agreement noting respondent satisfied.
FIR No.292 dated 11.10.2007 and all subsequent proceedings arising therefrom are quashed.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM M-19868 of 2009
Date of Decision:19.3.2010
Rajan Bhat and others
.... Petitioners
Versus
State of Haryana and another
.... Respondents
CORAM: Hon'ble Ms. Justice Nirmaljit Kaur
Present: Mr. Shiv Kumar, Advocate for the petitioners. Mr. Ravish Kaushik, A.A.G. Haryana.
2.To be referred to the Reporters or not?
3.Whether the judgment should be reported in the Digest?
NIRMALJIT KAUR, J.
The present petition has been moved for quashing of FIR No.292 dated 11.10.2007 registered under Sections 498-A/406/506 IPC at Police Station Sarai Khawaja, on the basis of compromise arrived at between the parties.
The marriage of petitioner No.1 was solemnized with respondent No.2 on 20.12.2004. Thereafter, the relations between petitioner No.1 and respondent No.2 became strained for which FIR in question was registered against petitioner No.1. However, with the intervention of the relatives and respectable of both the sides, a compromise has been effected between the parties. As per the compromise, it was decided to dissolve the marriage by way of decree of divorce by mutual consent. It was also agreed that petitioner No.1 would pay Rs.5.00 lakhs to respondent No.2 out of which Rs.2.50 lakhs would be paid at the first motion hearing and remaining amount would be paid when the final hearing was concluded. Further the child would remain in the custody of respondent No.2. In view of the said settlement, the petition under Section 13-B of the Hindu Marriage Act, was filed. The joint statement of petitioner No.1 and respondent No.2 was made on 26.7.2008 before learned District Judge, Faridabad, which reads as under:
“ Stated that even after the statutory period of six months, there is
CRM M-19686 of 2009 -2-
no change in the circumstances and we have still decided to get out marriage dissolved by way of decree of divorce by mutual consent. The efforts made by our relatives and friends for our reunion have failed. As per our earlier statement, petitioner No.1 has given a cheque bearing No.124069 dated 23.7.2008 drawn on State Bank of Bikaner and Jaipur New Delhi for Rs.2,50,000/- and the petitioner No.1 undertake that the said cheque would be duly honoured. Petitioner No.2 would withdraw the petition under Section 125 Cr.P.C. filed by her and would also assist in disposing of the criminal case under Section 498-A, 406 IPC. Custody of the minor child Parth would remain with petitioner No.2 and petitioner No.1 shall have no right or title in respect of the minor child. Hence forth, either party shall have no claim whatsoever against each other. We, therefore, pray that our marriage may kindly be dissolved by way of decree of divorce by mutual consent.”
Notice of motion was issued to respondent No.2. As per office report, notice has been received back duly served. However, no one has put in appearance on behalf of respondent No.2 in spite of service. Accordingly, the matter was adjourned for today for arguments.
Today also no one has put in appearance on behalf of respondent No.2. It is apparent that respondent No.2 is no more interested in pursuing the present petition and is satisfied. Otherwise also, it is apparent from her above statement made in the case under Section 13-B of the Hindu Marriage Act, the dispute is finally settled and she has received fair amount of compensation as full and final settlement.
In view of the above facts and circumstances and taking into account the statement of respondent No.2 made before learned Addl. District Judge, Faridabad on 26.7.2008 and no one has put in appearance on behalf of respondent No.2 to object to the quashing of FIR, the present petition is allowed and of FIR No.292 dated 11.10.2007 registered under Sections 498-A/406/506 IPC at Police Station Sarai Khawaja and all subsequent proceedings arising therefrom are hereby quashed in the interest of justice.
( NIRMALJIT KAUR ) JUDGE
19.3.2010 rajeev
2 issues framed by the court
Whether power exists to quash an FIR in matrimonial matter based on settlement after divorce by mutual consent?
Whether absence of respondent in court mandates proceeding with petition petition since compromise evidence exists?
Rajan Bhat
State of Haryana
Nirmaljit Kaur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
