Punjab-Haryana High Court
Dr. Amandeep Garg And Another vs State Of Haryana And Another on 23 March, 2012
Author: Naresh Kumar Sanghi
Bench: Naresh Kumar Sanghi
Criminal Misc. No. M-25258 of 2011 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No. M-25258 of 2011
Date of decision:-23.3.2012
Dr. Amandeep Garg and another
...Petitioners
Versus
State of Haryana and another
...Respondents
CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI
Present:- Mr. Amit Mehta, Advocate
for the petitioner.
Mr. Shekhar Mudgal, AAG Haryana
for respondent No.1-State.
None for respondent No.2.
NARESH KUMAR SANGHI J.(Oral)
This is a petition for quashing of FIR No.145 dated 13.5.2010, under Sections 406,498-A and 323 IPC, read with Section 34 IPC, registered at Police Station Baldev Nagar, District Ambala, and all the subsequent proceedings arising therefrom, on the basis of a compromise.
Vide order dated 16.2.2012, this Court had directed the affected parties to appear before the learned Chief Judicial Magistrate, Ambala, on 21.2.2012 and get their statements recorded Criminal Misc. No. M-25258 of 2011 -2- with regard to the compromise. That court was also directed to send the status report in that regard.
In compliance thereof, the affected parties i.e. Charu Garg and Amandeep Garg did appear before the learned court below and get recorded their respective statements with regard to the compromise. The status report to that effect has also been received from learned Additional Civil Judge (Sr. Division), Ambala, and a perusal of the same reveals that the parties have amicably settled their scores and effected a compromise.
Learned counsel for the State, on instructions from ASI Raghubir Singh of Police Station Baldev Nagar, District Ambala, admits the factum of compromise and has no objection if the impugned FIR arising out of matrimonial dispute and the consequential proceedings arising therefrom are quashed in view of status report, received from the court below.
Heard.
This criminal litigation has arisen out of a matrimonial dispute, which has ultimately ended into a compromise. The statement to that effect has already been recorded by the learned Area Magistrate, Ambala on 21.2.2012. The agreed amount has already been paid to the respondent-Charu Garg. The divorce petition has also been accepted by the court below. The continuation of the trial would be a sheer abuse of the process of law since the Criminal Misc. No. M-25258 of 2011 -3- chances of ultimate conviction of the petitioners are bleak in view of the compromise arrived at between the parties.
Keeping in view the factum of compromise and the law laid down by Hon'ble Apex Court in B.S. Joshi and others versus State of Haryana and another, 2003(2) RCR (Criminal) 888, this petition is allowed and the impugned FIR No.145 dated 13.5.2010, under Sections 406,498-A and 323 IPC, read with Section 34 IPC, registered at Police Station Baldev Nagar, District Ambala, and the consequential proceedings arising therefrom are hereby quashed.
March 23, 2012 ( NARESH KUMAR SANGHI ) Vijay Asija JUDGE