Punjab-Haryana High Court
Sartaj Singh And Others vs State Of Haryana And Another on 20 July, 2012
Author: Ritu Bahri
Bench: Ritu Bahri
Crl. Misc. No. M-35928 of 2011 (O&M) -1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
Crl. Misc. No. M-35928 of 2011 (O&M)
Date of decision : 20.07.2012
Sartaj Singh and others ....Petitioners
versus
State of Haryana and another ...Respondents
CORAM: HON'BLE MS. JUSTICE RITU BAHRI
Present: None for the petitioners
Mr. Gaurav Arora, AAG, Haryana
****
RITU BAHRI , J. (Oral)
Quashing of FIR No. 566 dated 11.10.2010 under Sections 498- A/406/34 of IPC, registered at Police Station Central Faridabad, is sought on the basis of compromise dated 20.12.2010 (P-2).
Respondent No. 2 got married to petitioner No. 1 on 07.09.2003 as per Sikh rites and customs. Out of the said wed lock, one child was born to them on 08.11.2004 but due to temperamental differences, the marriage between them broke and now they are residing separately since 05.04.2008. The child is in custody of respondent No. 2. In the above background, the F.I.R was registered against the petitioners.
However, during the pendency of the trial, the matter has now Crl. Misc. No. M-35928 of 2011 (O&M) -2- been duly compromised between the parties, vide compromise deed dated 20.12.2010 (P-2). As per compromise deed, both the parties have decided to file a divorce petition. They have further decided to withdraw all the cases pending between them. They have further agreed that petitioner No. 1 will pay a total amount of Rs. 4 lacs as a full and final payment towards all the claims as permanent alimony for past, present and future by way of three installments. Respondent No. 2 has received Rs. 2 lacs by way of Pay order No. 447927 drawn at Bank of Baroda, Model Town, Branch dated 20.12.2010. Rs. 1 lac has been paid to respondent No. 2 on 27.07.2011 by way of DD bearing No. 448876 dated 20.07.2011. Thereafter, the remaining amount of Rs. 1 lac has been paid in this Court on 22.03.2012. She has now no objection if the F.I.R is quashed against the petitioners.
In compliance of order dated 14.02.2012, status report of CJM Faridabad has been received in this regard. As per status report, statements of the parties have been recorded to the effect that the matter between them has been compromised voluntarily, without any pressure. The complainant has no objection if the F.I.R be quashed against the petitioners as respondent No. 2 has already taken divorce from petitioner No. 1.
Consequently, in view of the status report and in view of the judgment of the Hon'ble Supreme Court in the case of Dr. Arvind Barsaul etc. versus State of Madhya Pradesh and another 2008 (2) RCR (Criminal) 910, no useful purpose would be served in prolonging the litigation.
Crl. Misc. No. M-35928 of 2011 (O&M) -3-
Accordingly, FIR No. 566 dated 11.10.2010 under Sections 498- A/406/34 of IPC, registered at Police Station Central Faridabad is quashed with all consequential proceedings arising therefrom qua petitioners.
The petition stands disposed of.
20.07.2012 (RITU BAHRI) G.Arora JUDGE