Punjab-Haryana High Court
Jitender Jain & Ors vs State Of Haryana & Anr on 15 July, 2014
Author: Naresh Kumar Sanghi
Bench: Naresh Kumar Sanghi
Criminal Misc. No.M-1281 of 2014 (O&M) [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Criminal Misc. No.M-1281 of 2014 (O&M)
Date of Decision: July 15, 2014
Jitender Jain & Ors.
...Petitioners
Versus
State of Haryana & Anr.
...Respondents
CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI
Present: Mr.Sachin Mittal, Advocate,
for the petitioners.
Mr.B.S.Saini, Sr.DAG, Haryana.
Mr.Vivek Gupta, Advocate,
for respondent No.2.
***
Naresh Kumar Sanghi, J.
Prayer in this petition is for quashing of FIR No.5, dated 03.01.2011, for the offences punishable under Sections 406 and 498-A read with Section 34, IPC, registered at Police Station, Gurgaon, and all the consequential proceedings arising therefrom, on the basis of compromise.
Vide order dated 15.01.2014, this Court had directed the affected parties to appear on 23.01.2014 before the learned trial court for making their respective statements with regard to the compromise. The said Court was also directed to send its detailed report in that regard along with copies of the statements on or before the date fixed by this Court.
In compliance thereof, respondent no.2/complainant, Anshul Jain did appear before the learned court below and got Sharma Seema 2014.07.17 16:23 I attest to the accuracy and integrity of this document Chandigarh Criminal Misc. No.M-1281 of 2014 (O&M) [2] recorded her statement with regard to the compromise. She stated that she would suffer the statement with regard to compromise after decision of the Hindu Marriage Act case, however, she accepted the demand draft of ` 2,00,000/- drawn from the Indian Overseas Bank issued in her favour at the behest of petitioner No.1-Jitender Jain.
On 11.07.2014, respondent No.2 Anshu Jain once again appeared before the learned trial court and suffered the following statement:-
"State that a petition u/s 482 Cr.P.C has been filed in the above FIR by the accused in the Hon'ble High Court of Punjab & Haryana for quashing all the consequential proceedings arising from the FIR on the basis of compromise which is pending for 15.07.2014.
The certified copy of the compromise
effected between me and the accused before
Sh.R.K.Manchanda, Mediator, Mediation Centre, Tis
Hazari Court, Delhi is Ex.C1. I have received a sum of ` 3 lacs from the accused Jitender Jain and the balance amount of ` 2 lacs would receive on 15.07.2014 before the Hon'ble Judge of the Hon'ble High Court of Punjab and Haryana. The compromise between us has been voluntarily arrived at of my own free will and without any force, pressure or coercion and I am bound by the terms and conditions enumerated in compromise Ex.C1. The proceedings against the accused be quashed qua Sharma Seema 2014.07.17 16:23 I attest to the accuracy and integrity of this document Chandigarh Criminal Misc. No.M-1281 of 2014 (O&M) [3] the above FIR, I have no objection."
Learned counsel for the petitioners has produced on record the certified copies of the statement suffered by respondent No.2/complainant and the copy of the joint statement suffered by the petitioners which are taken on record. The petitioners also admitted the factum of compromise. He further submits that the present criminal litigation has arisen out of a matrimonial dispute and both the private factions have sorted out all the disputes and effected a compromise. He also submits that all the terms and conditions of the said compromise have been materialized. ` 3,00,000/- were already paid to respondent No.2/complainant and the remaining amount of ` 2,00,000/- have been paid by way of bank draft to her (respondent No.2) in the Court today which she has accepted. He also submits that he has no objection if the impugned FIR and all the consequential proceedings arising therefrom, are quashed.
Learned counsel for the State after going through the statements suffered by both the private factions submits that he has no objection if the impugned FIR and all the consequential proceedings arising therefrom, are quashed.
Learned counsel for respondent No.2 who is present in the Court along with Anshul Jain also admits the factum of compromise. He submits that respondent No.2 has received ` 5,00,000/- from petitioner No.1 including bank draft of ` 2,00,000/- received by her today in the Court and she has no objection if the impugned FIR and the consequential proceedings Sharma Seema 2014.07.17 16:23 I attest to the accuracy and integrity of this document Chandigarh Criminal Misc. No.M-1281 of 2014 (O&M) [4] arising therefrom are quashed.
I have heard the learned counsel for the parties and with their able assistance gone through material available on record.
The present criminal litigation has arisen out of a matrimonial dispute. Both the private factions have sorted out their disputes and effected a compromise. Petitioner No.1 (husband) and respondent No.2 (wife) have opted to part company with each other. It was agreed that petitioner No.1 Jitender Jain would pay ` 5,00,000/- to respondent No.2/complainant, Anshul Jain. ` 3,00,000/- have already been paid while a demand draft of ` 2,00,000/- has been handed over to respondent No.2/complainant today in the Court which has been accepted by her. Respondent No.2 complainant has suffered the statement before the learned trial court which has been reproduced above. Petitioner No.1 as well as respondent No.2 have also presented a petition under Section 13-B of the Hindu Marriage Act before the learned District Judge, Gurgaon, for grant of a decree of divorce by mutual consent. The first motion has already been issued and the second motion is fixed for 23.08.2014. All the counsel appearing for their respective parties are in unison that the private factions have sorted out their disputes and have no objection if the impugned FIR and all the consequential proceedings arising therefrom, are quashed on the basis of compromise.
In view of the factum of compromise and the law laid down by Hon'ble the Supreme Court in B.S.Joshi and others vs. State of Haryana and another, 2003 (2) RCR (Criminal) 888; the Sharma Seema 2014.07.17 16:23 I attest to the accuracy and integrity of this document Chandigarh Criminal Misc. No.M-1281 of 2014 (O&M) [5] present petition is allowed and FIR No.5, dated 03.01.2011, for the offences punishable under Sections 406 and 498-A read with Section 34, IPC, registered at Police Station, Gurgaon and all the consequential proceedings arising therefrom are hereby quashed.
In case either of the party play hide and seek from each other at the time of second motion of divorce petition filed by them then the aggrieved party would be free to take appropriate action against the defaulting party.
July 15, 2014 (Naresh Kumar Sanghi)
seema Judge
Sharma Seema
2014.07.17 16:23
I attest to the accuracy and
integrity of this document
Chandigarh