Quashed

Jugal Anand v. State of Haryana & Anr.

Punjab & Haryana HC18 May 2017CRM-M/11479/2017

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana quashed an FIR registered for matrimonial offences under Section 482 Cr.P.C. The court accepted the amicable settlement evidenced by a joint statement from civil proceedings and issued a report confirming the parties' consent to quashing.

What did the court decide?

FIR No. 23 dated 08.01.2015 and all subsequent proceedings arising therefrom against the petitioner are hereby quashed.

Jugal Anand Vs State of Haryana & Anr. — Domestic Violence | Punjab & Haryana HC (2017)

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CRM-M-11479-2017

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-11479-2017 Date of Decision:- 18.05.2017

Jugal Anand

....Petitioner

Versus

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: Mr. Jagdeep S. Virk, Advocate for the petitioner.

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Mr. D.R. Singla, DAG, Haryana.

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None 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.23 dated 08.01.2015, under Sections 323, 406 and 498-A IPC, registered at Police Station Thanesar City, District Kurukshetra, on the basis of joint statement (Annexure P-3) arrived in a petition under Section 13-B of the Hindu Marriage Act.

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Brief facts of the case are that marriage between the petitioner and respondent No.2 was solemnized on 16.09.2013, according to Hindu Rites and Ceremonies. The parents of the complainant had given dowry according to their capacity. 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 petitioner.

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Learned counsel for the petitioner submits that keeping in view the peace and harmony, the matter has now been amicably settled between the parties, on the basis of joint statement (Annexure P-3).

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Naresh Kumar 2017.05.30 16:15 I attest to the accuracy and integrity of this document Chandigarh

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CRM-M-11479-2017

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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 joint statement/compromise (Annexure P-2), by way of order dated 05.04.2017, by this Court.

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In compliance of order dated 05.04.2017 of this Court, the report of the Civil Judge (Jr. Divn.)-cum Judicial Magistrate 1^st Class, Kurukshetra, dated 21.04.2017 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 petitioner is quashed. Statements of the petitioner 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.23 dated 08.01.2015, under Sections 323, 406 and 498-A IPC, registered at Police Station Thanesar City, District Kurukshetra and all the subsequent proceedings arising therefrom qua petitioner are hereby quashed, on the basis of joint statement (Annexure P-3).

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The present petition stands disposed of.

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May 18, 2017 ( RITU BAHRI ) naresh.k JUDGE

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Whether speaking/reasoned	Yes
Whether reportable	No

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Naresh Kumar 2017.05.30 16:15 I attest to the accuracy and integrity of this document Chandigarh

Jugal Anand v. State of Haryana & Anr.

Case brief

What is this about?

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Jugal Anand v. State of Haryana & Anr.

Case brief

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