Punjab-Haryana High Court
Vishnu Bhagwan Upmanyu And Ors vs State Of Haryana And Another on 15 December, 2022
CRM-M-33071-2022 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
256
CRM-M-33071-2022
Date of decision : 15.12.2022
Vishnu Bhagwan Upmanyu and Ors.
...... Petitioners
V/S
State of Haryana and Anr.
..... Respondents
CORAM : HON'BLE MRS. JUSTICE AMARJOT BHATTI
Present: Mr. Kamal Goyel, Advocate for
Mr. Chanderhas Yadav, Advocate, for the petitioners.
Ms. Deepshikha Chauhan, AAG, Haryana.
Mr. Amandeep Singh, Advocate for respondent No.2.
****
AMARJOT BHATTI J. (ORAL)
The petitioners- Vishnu Bhagwan Upmanyu, Sarla Devi and Amit Upmanyu have filed the instant petition under Section 482 of Cr.P.C. for quashing of FIR No.60 dated 19.09.2020, registered under Sections 323, 498-A of IPC at Women Police Station Jhajjar, District Jhajjar and all the subsequent proceedings arising therefrom, on the basis of compromise between the parties.
As per the facts of the case, the complainant-Sonia filed a written complaint against her husband- Amit Upmanyu and in-laws family that she got married on 10.12.2017. Her parents had given dowry articles as per their capacity. After 10-15 days of her marriage she was shifted to Bangalore, where her father-in-law was working in Air Force. They started living in government quarter. She was illtreated 1 of 3 ::: Downloaded on - 17-12-2022 04:33:26 ::: CRM-M-33071-2022 -2- in the matrimonial home and was doing the entire household work like a maid. She started doing a private job and she used to give the entire salary to her in-laws. She gave Rs.3 lacs to her father-in-law in December, 2020 for making FDR, but he did not do that. She was blessed with a daughter and even then she was doing household work. Her father-in-law was keeping bad eye on her, when she disclosed this fact to her husband and mother-in-law, she was not believed. She was neither permitted to talk to anybody nor she was allowed to talk to her parents. Her mobile phone was also broken. Her parents intervened and requested her husband to give her a mobile phone. Ultimately, she was shifted in a rented accommodation where again she was illtreated by her husband. With these allegations, the present FIR has been registered.
The petitioners filed this petition for the quashing of aforesaid FIR on the basis of compromise. The petitioners and respondent No.2 were directed to appear before the trial Court/Illaqa Magistrate for recording their statements on the basis of compromise. The detailed report regarding compromise has been received from the the court of Judicial Magistrate, First Class, Jhajjar dated 29.08.2022. The statement of complainant-Sonia has been recorded, where she confirmed the compromise with the petitioners. She confirmed that this compromise has been effected without any pressure, coercion from any side and she has no objection regarding quashing of FIR The petitioners-Vishnu Bhagwan Upmanyu, Sarla Devi and Amit Upmanyu also confirmed this fact in their statement. The statement of ASI Reena is also recorded who further confirmed that the accused are neither involved in any other case nor have been declared 2 of 3 ::: Downloaded on - 17-12-2022 04:33:26 ::: CRM-M-33071-2022 -3- as proclaimed offenders.
Therefore, from the report of Judicial Magistrate, First Class, Jhajjar it is clear that the compromise has been effected between the parties without any pressure, coercion or undue influence, which is acceptable to both the parties. They have mutually settled all their disputes. Now they will be able to live peacefully and future litigation will also come to an end. Therefore, no purpose would be served with the continuation of criminal proceedings.
Therefore considering these facts the petition filed by the petitioners is accepted and FIR No.60 dated 19.09.2020, registered under Sections 323, 498-A of IPC at Women Police Station Jhajjar, District Jhajjar and the consequential proceedings arising therefrom are quashed.
Accordingly, the present petition stands disposed of.
(AMARJOT BHATTI )
JUDGE
15.12.2022
Sunil Devi
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
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