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[Cites 6, Cited by 28]

Punjab-Haryana High Court

Pushpender Kumar And Ors vs State Of Haryana & Anr on 21 October, 2016

Author: Ritu Bahri

Bench: Ritu Bahri

CRM-M-26846-2016                                                1

247

           IN THE HIGH COURT OF PUNJAB & HARYANA AT
                          CHANDIGARH


                                                          CRM-M-26846-2016
                                                  Date of decision : 21.10.2016


Pushpender Kumar and others                                   ..... Petitioners

                                     VERSUS

State of Haryana and another                                  ..... Respondents


CORAM: HON'BLE MS. JUSTICE RITU BAHRI


Present:      Mr. J.S. Binder, Advocate
              for the petitioners.

              Mr. Anmol Maik, AAG, Haryana.


RITU BAHRI, J.(Oral)

Quashing of FIR No.267 dated 18.06.2014, under Sections 498-A, 406, 323 and 34 of IPC, registered at Police Station, Badsahpur, District Gurgaon (Annexure P-1) is sought by the petitioners on the basis of affidavit/compromise deed dated 18.07.2016 (AnnexureP-2).

The FIR was registered on the basis of statement made by respondent No.2-Sonia Devi against the all petitioners-accused to the effect that her marriage was solemnized with petitioner No.1 on 28.06.2012 according to the Hindu rites and rituals. Soon after the marriage, her in-laws started harassing and humiliating her on account of bring insufficient dowry. She was also given beatings on their hands. In this background, the FIR was registered.

1 of 3 ::: Downloaded on - 30-10-2016 17:06:03 ::: CRM-M-26846-2016 2 During the pendency of the trial, with the intervention of respectable persons of the locality, the matter has now been resolved between the petitioners and respondent No.2 vide affidavit/compromise deed dated 18.07.2016 (Annexure P-2).

In compliance with the order dated 08.08.2016 passed by this Court, the parties have got recorded their statements before the trial Court. Report dated 26.08.2016 from the Judicial Magistrate First Class, Gurgaon has been received, in this regard. As per report, respondent No.2-Sonia Devi made her statement to the effect that with the intervention of the respectable persons, she has compromised the matter with the petitioners-accused without any pressure. She has no objection if, the above said FIR is quashed. Statements of the petitioners were also recorded to the same effect. In view of the separate statements of the parties, the Court is satisfied that the compromise is valid and genuine one.

Consequently, in view of the status report and the judgment of the Hon'ble Supreme Court in the case of Madan Mohan Abbot Vs. State of Punjab 2008(2) RCR (Criminal) 429, the law laid down by the Full Bench of this Court in the case of Kulwinder Singh and others Vs. State of Punjab and another 2007(3) RCR (Crl.) 1052, this Court is of the view that no useful purpose would be served in the prolonging the litigation.

Accordingly, FIR No.267 dated 18.06.2014, under Sections 498-A, 406, 323 and 34 of IPC, registered at Police Station, Badsahpur, 2 of 3 ::: Downloaded on - 30-10-2016 17:06:04 ::: CRM-M-26846-2016 3 District Gurgaon is quashed with all consequential proceedings arising therefrom qua petitioners.

The petition stands disposed of, accordingly.





                                                                (RITU BAHRI)
                                                                   JUDGE
October 21, 2016
Ramandeep Singh



Whether speaking / reasoned                                       Yes

Whether Reportable                                                No




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