Ankit Aggarwal vs State Of Haryana And Anr
2022 Latest Caselaw 8398 P&H

CRM-M-5818-2020 (O&M)                      -1-

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

(119+256)                                        CRM-M-5818-2020 (O&M)
                                                 Date of Decision:- 03.08.2022

Ankit Aggarwal                                                 ...Petitioner
                                    VERSUS
The State of Haryana and another                               ...Respondents


CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL


Present:- Mr. Harinder Singh Sandhu, Advocate for the petitioner.

          Ms. Ankita Ahuja, AAG, Haryana for State-respondent No.1.

          Mr. Munish Mittal, Advocate
          for applicant-complainant/respondent No.2.
                    ****

SUVIR SEHGAL, J. (Oral)

CRM-26195-2022 Application filed by applicant-respondent No.2 is allowed as

prayed for.

Judgment and decree dated 20.08.2020 passed under Section

13-B of the Hindu Marriage Act, 1955 is taken on record as Annexure R-1.

Main case

Instant petition has been filed under Section 482 of the Code of

Criminal Procedure, 1973 for quashing of FIR No.21 dated 24.02.2019,

registered for offences under Sections 323, 354, 406, 498-A and 506 of the

Indian Penal Code, 1860, at Women Police Station, Karnal, Annexure P-1,

along with all subsequent proceedings arising therefrom, on the basis of

compromise/settlement deed dated 18.12.2019, Annexure P-2, arrived at

between the parties.

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 CRM-M-5818-2020 (O&M)                      -2-

Counsel for the petitioner submits that marriage of petitioner

was solemnized with complainant-respondent No.2 on 28.04.2017 at

Yamunanagar and a son was born out of the wedlock. He submits that due

to temperamental differences, the parties could not pull along and have

been residing separately since 02.01.2018. He submits that FIR, Annexure

P-1, is a result of marital discord and has been settled by virtue of

compromise, Annexure P-2. By referring to the judgment and decree,

Annexure R-1, counsel submits that marriage has been dissolved by mutual

consent, entire permanent alimony of Rs.10 lacs has been paid and it has

been agreed that the custody of the child will remain with complainant-

respondent No.2.

Upon instructions received from ASI, Pushpa, State counsel

submits that five persons were named as accused, but upon conclusion of

investigation, challan has been presented and charge has been framed

against the petitioner, but no prosecution witness has been examined.

Counsel representing complainant-respondent No.2 has admitted

the factum of compromise and divorce. He further submits that the

complainant has received the permanent alimony and does not have any

objection in case the prayer made in the petition is acceded to.

Heard counsel for the parties.

Vide order dated 10.02.2020, this Court directed the parties to

appear before the Trial Court to get their statements recorded and a report

was called for regarding the genuineness of the compromise and also as to

whether P.O. proceedings are pending against any of the parties. Report has

been received and its relevant extract is as under:-

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CRM-M-5818-2020 (O&M) -3-

"i) No accused has been stated to be absconding or has been declared proclaimed offender in the instant case.

ii) As per the statements made by the complainant and the accused before this Court, the under-signed is of the considered view that the instant compromise is genuine and the same has been executed voluntarily and out of free will by the parties."

Considering the fact that FIR, Annexure P-1, is a result of a

matrimonial dispute, which has been settled as well as the report of the

Trial Court and the judgments of Supreme Court in Madan Mohan Abbot

Versus State of Punjab (2008) 4 SCC 582 and Parbatbhai Bhimsinhbhai

Karmur and others Versus State of Gujrat and another (2017) 9 SCC

641, this Court is of the view that continuation of criminal proceedings will

not serve any purpose.

Accordingly, the petition is allowed. FIR No.21 dated

24.02.2019, registered for offences under Sections 323, 354, 406, 498-A

and 506 of the Indian Penal Code, 1860, at Women Police Station, Karnal,

Annexure P- 1, along with all subsequent proceedings arising therefrom, are

quashed qua the petitioner.

                                          (SUVIR SEHGAL)
                                              JUDGE
03.08.2022
Kamal
        Whether Speaking/Reasoned                   Yes/No
        Whether Reportable                          Yes/No




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