Quashed

Naveen and Ors. v. State of Haryana & Anr.

Punjab & Haryana HC23 Nov 2016CRM-M/23577/2016

Case brief

AI extract

What is this about?

Writ petition under Section 482 Cr.P.C. filed to quash an FIR based on Sections 498-A IPC regarding dowry demands. The court relied on a compromise deed, the report of the Judicial Magistrate recording statements from all parties, and relevant Supreme Court judgments to quash the FIR as no useful purpose would be served by prolonging litigation.

What did the court decide?

FIR No.05 dated 09.09.2015 under Sections 498-A, 323, 377, 406, 506 and 34 IPC and all subsequent proceedings are quashed.

Naveen and Ors. Vs State of Haryana & Anr. — Domestic Violence | Punjab & Haryana HC (2016)

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CRM-M-23577-2016

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-23577-2016 Date of Decision:- 23.11.2016

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Naveen and others

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....Petitioners

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Versus

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State of Haryana and another

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....Respondents

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CORAM: HON'BLE MS. JUSTICE RITU BAHRI

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Present: Ms. Suman, Advocate, for the petitioners.

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Ms. Mahima Yashpal, AAG, Haryana.

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Mr. Jitender Dhanda, Advocate, for respondent No.2.

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RITU BAHRI, J. (Oral)

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Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.05 dated 09.09.2015, under Sections 498-A, 323, 377, 406, 506 and 34 IPC, registered at Women Police Station, Hisar, District Hisar, on the basis of compromise deed dated 17.06.2016 (Annexure P-2).

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Brief facts of the case are that marriage of complainant was solemnized with petitioner No.1 Naveen on 28.06.2012. The parents of the complainant had given dowry according to their capacity. After the marriage, the behavior of the accused became changed and they started beating to the complainant on account of demand of dowry. Due to incompatibility of temperament, both the parties could not live together as husband and wife. The relationship between them became strained and thereafter, the F.I.R was registered against the petitioners.

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Naresh Kumar 2016.11.30 14:30 I attest to the accuracy and integrity of this document Chandigarh

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CRM-M-23577-2016

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Learned counsel for the petitioners submits that keeping in view the peace and harmony, the matter has now been amicably settled between the parties with the intervention of respectable persons, vide compromise deed dated 17.06.2016 (Annexure P-2).

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During the course of preliminary hearing, the trial Court, was directed to record the statements of all the concerned parties, with regard to the genuineness and validity or otherwise of the compromise deed dated 17.06.2016 (Annexure P-2), by way of order dated 15.07.2016, by this Court.

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In compliance of order dated 15.07.2016 of this Court, the report of the Judicial Magistrate 1^st Class, Hisar dated 15.10.2016 has been received. As per the report, the statements of all the concerned parties have been recorded and the complainant has no objection, if the present FIR registered against the petitioners is quashed. Statements of the accused and complainant have been recorded to the same effect.

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Consequently, in view of the above-said report and in view of the judgments of the Hon'ble Supreme Court in Dr. Arvind Barsaul etc. Vs. State of Madhya Pradesh and another, 2008(2) RCR (Criminal) 910; Madan Mohan Abbot vs. State of Punjab, 2008(2) RCR (Criminal) 429 and the law laid down by the Full Bench of this Court in the case of Kulwinder Singh and Ors. vs. State of Punjab and another, 2007(3) RCR (Crl.) 1052 , no useful purpose would be served in prolonging the litigation.

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Accordingly, FIR No.05 dated 09.09.2015, under Sections 498-A, 323, 377, 406, 506 and 34 IPC, registered at Women Police Station, Hisar, District Hisar and all the subsequent proceedings arising therefrom are hereby quashed, on the basis of compromise deed dated 17.06.2016 (Annexure P-2).

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The present petition stands disposed of.

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November 23, 2016 naresh.k

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Whether speaking/reasoned	Yes
Whether reportable	No

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Naresh Kumar 2016.11.30 14:30 I attest to the accuracy and integrity of this document Chandigarh

Naveen and Ors. v. State of Haryana & Anr.

Case brief

What is this about?

What did the court decide?

Naveen and Ors. v. State of Haryana & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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