Quashed

Gaurav Khanna & Arn v. State of Haryana

Punjab & Haryana HC10 Oct 2017CRM-M/17978/2016

Case brief

AI extract

What is this about?

The High Court dismissed a petition for anticipatory bail quashed the FIR under sections 498-A, 406, 506, and 34 IPC. The Court noted a section 13-B Hindu marriage act petition and divorce decree were filed between the petitioner husband and complainant wife, warranting quash of the criminal proceedings.

What did the court decide?

Quashed the FIR No. 37 dated 08.04.2016 under Sections 498-A, 406, 506, 34 IPC and all subsequent proceedings; disposed of the anticipatory bail petition.

Gaurav Khanna & Arn Vs State of Haryana — Matrimonial and Divorce | Punjab & Haryana HC (2017)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Date of decision: 10.10.2017

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1. CRM-M-17978-2016

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Gaurav Khanna and another

...Petitioners

Versus

State of Hrayana

...Respondent

2. CRM-M-29229-2017

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Rohit Khanna 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 JAISHREE THAKUR

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Present: Mr. Ravinder Phogat, Advocate, for the petitioner(s).

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Ms. Gaganpreet Kaur, AAG, Haryana.

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JAISHREE THAKUR, J. (ORAL)

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By this common order, this Court proposes to dispose of the above referred two petitions as both have arisen out of the same FIR No. 37 dated 08.04.2016, under Sections 498-A, 406, 506, 34 IPC, registered at Police Station Women, Rewari, District Rewari where in CRM-M-179782016 petitioners Gaurav Khanna and another have sought grant of anticipatory bail and in the other connected CRM-M-29229-201 7 , the petitioners have sought quashing of the said FIR on the basis of compromise.

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Satyawan 2017.10.11 17:28 I attest to the accuracy and authenticity of this document High Court Chandigarh

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CRM-M-17978-2016

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-2-

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It has been contended therein that the petitioners were the brother-in-law and the father-in-law of the complainant in the aforesaid FIR. In the said proceedings, the matter was referred to mediation for amicable settlement of the dispute between the parties. The husband of the complainant was directed to appear before the Mediation and Conciliation Centre of this Court along with the complainant. The matter was eventually settled by a settlement agreement dated 29.07.2016 and in terms of the said compromise agreement arrived at, a sum of ` 2,00,000/- was to be paid towards alimony covering her past, present and future maintenance allowance of the complainant. It was further agreed that a petition under Section 13-B of the Hindu Marriage Act would be filed and a decree of divorce has been granted.

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I have heard learned counsel for the parties and perused the record.

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Keeping in view the fact that the settlement agreement arrived at between the parties and in terms of which a petition under Section 13-B of the Hindu Marriage was filed, and a decree of divorce has been granted, it would be in the interest of the parties, if the petition is allowed and FIR No. 37 dated 08.04.2016, under Sections 498-A, 406, 506, 34 IPC, registered at Police Station Women, Rewari, District Rewari and all subsequent proceedings arising out of the same are quashed qua the petitioners. Ordered accordingly.

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Further since the FIR in question itself has been quashed, no further orders are called for in the petition ( CRM-M-17978-2016) for grant of anticipatory bail.

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Satyawan 2017.10.11 17:28 I attest to the accuracy and authenticity of this document High Court Chandigarh

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CRM-M-17978-2016

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-3-

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The petitions stand disposed of accordingly.

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A photocopy of this order be placed on the file of connected

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case.

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10.10.2017 (JAISHREE THAKUR) Satyawan JUDGE Whether speaking/reasoned Yes. Whether reportable No.

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Satyawan 2017.10.11 17:28 I attest to the accuracy and authenticity of this document High Court Chandigarh

Gaurav Khanna & Arn v. State of Haryana

Case brief

What is this about?

What did the court decide?

Gaurav Khanna & Arn v. State of Haryana

Case brief

What is this about?

What did the court decide?

What the court decided

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