Mangal Goswami And Others vs State Of Haryana And Another
2022 Latest Caselaw 17181 P&H

CRM-M-12794-2022 (O & M)                                             -1-

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

252+130                          CRM-M-12794-2022 (O & M)
                                  Date of decision:19.12.2022

Mangal Goswami and others                                ... Petitioners
                                Vs.
State of Haryana and another                             ... Respondents

CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL

Present: Mr. Kartik, Advocate for Mr. Baljeet Beniwal, Advocate for the petitioners.

Mr. Viney Phogat, DAG, Haryana.

Mr. D.S. Walia, Advocate for respondent No.2.

SUVIR SEHGAL J. (ORAL)

CRM-45067-2022

Application is allowed as prayed for.

Divorce judgment and decree dated 29.04.2022 passed under

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

P-4.

Main Case

Instant petition has been filed under Section 482 of Cr.P.C. for

quashing of FIR No.38 dated 16.01.2017 under Sections 406, 498-A, 506 and

34 of IPC, 1860, registered at Police Station Sarai Khawaja, District Faridabad,

Annexure P-1, alongwith all subsequent proceedings arising therefrom, on the

basis of settlement deed dated 01.10.2021, Annexure P-2.

Counsel for the petitioners submits that petitioner No.1 is the

husband and petitioners No.2 and 3 are the sisters-in-law of

complainant/respondent No.2. He submits that marriage of petitioner No.1 was

solemnized with complainant/respondent No.2 on 27.04.2015 at Faridabad and

there is no issue out of the wedlock. He submits that due to temperamental

differences, they started staying separately since October, 2016. Counsel

submits that FIR, Annexure P-1, has emanated from a matrimonial dispute,

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which has been settled by settlement, Annexure P-2, marriage has been

dissolved by divorce decree, Annexure P-4. Counsel submits that the

petitioners have paid entire permanent alimony of Rs.6 lac to the

complainant/respondent No.2.

Upon instructions from SI Bijender, State counsel submits that

prosecution evidence is underway and some witnesses have been examined.

Counsel for complainant/respondent No.2 has admitted the factum

of settlement and supports the prayer made in the petition.

Heard counsel for the parties.

Vide order dated 28.03.2022, this Court directed the parties to

appear before the Trial Court/Area Magistrate for recording of their statements

and a report was called for, which has been received and its relevant extract is

as under:-

Number of persons As per report filed by Investigating arrayed as accused officer, there is only three accused in the instant FIR Whether any of the As per report filed by Investigating accused has been officer, there is no proclaimed person in declared a Proclaimed the present case. Offender If the compromise so Upon individual enquiry from the effected between the complainant as well as all the accused parties is genuine, persons, I am satisfied that the voluntarily and out of compromise arrived at between their free will. complainant on the one hand and accused persons on the other, was voluntary & genuine.

Whether the accused As per report of Investigating Officer, persons are involved in no other criminal case is pending any other case against accused persons. Number of the As per report of Investigating Officer, victim/complainant in the there is only one complainant namely instant FIR Pooja Puri in the instant FIR.

It is evident from the above that FIR, Annexure P-1, is an outcome

of a matrimonial dispute, which has been amicably settled and marriage has

been dissolved by mutual consent. Keeping in view of the above facts and

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circumstances, report of the trial court and the judgments of the Supreme Court

in Madan Mohan Abbot versus State of Punjab (2008) 4 SCC 582; and

Parbatbhai Aahir alias Parbatbhai Bhimsinhbhai Karmur and others Versus

State of Gujarat and another (2017) 9 SCC 641, this Court has no hesitation

in quashing the FIR.

Accordingly, petition is allowed. FIR No.38 dated 16.01.2017 under

Sections 406, 498-A, 506 and 34 of IPC, 1860, registered at Police Station

Sarai Khawaja, District Faridabad, Annexure P-1, and all subsequent

proceedings arising therefrom, are quashed qua the petitioners.

19.12.2022                                        (SUVIR SEHGAL)
sheetal                                               JUDGE

          Whether Speaking/Reasoned             Yes/No
          Whether Reportable                    Yes/No




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