Punjab-Haryana High Court
Gaurav Sharma And Ors vs State Of Haryana And Another on 7 July, 2022
CRM-M-6131-2022 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(118)
CRM-M-6131-2022 (O&M)
Date of Decision: 07.07.2022
Gaurav Sharma and others ...Petitioners
Versus
State of Haryana and another ...Respondents
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL
Present: Mr. Anil Kumar Sharma, Advocate
for the petitioners.
Ms. Mahima Yashpal, Deputy Advocate General, Haryana.
Mr. Ritesh Tomar, Advocate
for respondent No.2.
...
SUVIR SEHGAL, J. (Oral)
CRM-21185-2022
Prayer in the application is for preponement of the hearing of
main case.
Noticing the prayer made in the application, it is allowed.
Hearing of the main case is advanced from 29.09.2022 to today and it is
ordered to be taken on Board.
CRM-21186-2022
Prayer made in the application is for placing on record Annexures
P-5 and P-6.
For the reasons given in the application, it is allowed.
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Copy of judgment and decree dated 21.05.2022 as well as copy of
joint statements of the parties recorded during first and second motion are
taken on record as Annexures P-5 and P-6, respectively.
CRM-M-6131-2022
The instant petition has been filed under Section 482, Cr.P.C.,
seeking quashing of FIR No.154 dated 22.12.2018, registered for offences
under Sections 120-B, 323, 377, 406, 420, 498-A and 506, IPC, however,
Section 377, IPC was deleted later on, at Women West Police Station
Gurugram, District Gurugram (Annexure P-1) alongwith all subsequent
proceedings arising therefrom, on the basis of compromise dated
27.01.2022 (Annexure P-2) arrived at between the parties and affidavit of
respondent No.2 dated 27.01.2022 (Annexure P-3).
Counsel for the petitioner submits that petitioner No.1 is the
husband and petitioners No.2 and 3 are the parents-in-law of complainant-
respondent No.2. He submits that petitioner No.1 had solemnized marriage
with complainant-respondent No.2 on 08.12.2016 at Gurugram and there is
no child out of the wedlock. He submits that FIR (Annexure P-1) lodged by
complainant-respondent No.2, is outcome of a matrimonial dispute, which
has been settled by virtue of compromise (Annexure P-2) and is duly
supported with affidavit (Annexure P-3) executed by the complainant-
respondent No.2. He submits that in pursuance to the order passed by this
Court, parties have appeared before the Trial Court, their statements have
been recorded and marriage has been dissolved by mutual consent vide
judgment and decree (Annexure P-5).
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Upon instructions from L/ASI, Parveen, State counsel submits
that four persons were named as accused, final report has been
presented against the three petitioners, but charge has not been framed.
Counsel representing respondent No.2 has admitted the factum of
compromise and does not dispute the statement made by complainant-
respondent No.2.
Heard counsel for the parties.
Vide order dated 15.02.2022, this Court directed the parties to
appear before the Area Magistrate/Trial Court to get their statements
recorded in support of compromise and a report was called for from the
Court on the following points:-
"i. The name of the complainant and all accused
arrayed in the FIR; whether all of them have appeared and
made their respective statements in support of the compromise
so effected between them;
ii. Whether any of the accused has been declared a
Proclaimed Offender;
iii. The stage of trial/proceedings;
iv. If the compromise so arrived at between the parties
is genuine, voluntarily and out of free will."
After recording statements of the petitioners and complainant-
respondent No.2, Additional Chief Judicial Magistrate, Gurugram has
submitted report, relevant extract of which is as under:-
"(i) As per the statement of Investigating Officer,
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CRM-M-6131-2022 (O&M) -4-
Gunjan Sharma is the only complainant/victim and
three persons namely Gaurav Sharma, Ram Kishan
Sharma and Rachna Sharma have been arrayed as
accused persons in the present FIR and all of them have
appeared for recording their statement qua
compromise;
ii) As per the statement of Investigating Officer,
none of the accused has been declared proclaimed
offender in this case;
iii) As per the record, in present case challan has
already been filed and now the present case is fixed for
01.04.2022 for consideration on application seeking
discharge of accused No.2 and 3;
iv) the compromise so arrived at between the
parties is genuine, voluntarily and out of free will;"
It is evident that FIR, Annexure P-1, is an offshoot of a
matrimonial dispute, which has been settled and marriage has been
dissolved by mutual consent. In view of above background as well as report
of the Trial Court and judgments of the Supreme Court in B.S. Joshi and
others Versus State of Haryana and another (2003) 2 RCR (Criminal)
888 and Ramgopal and another Versus The State of Madhya Pradesh
2021 (4) RCR (Criminal) 322, this Court is of the opinion that continuation
of the criminal proceedings would be an exercise in futility rather setting
them aside will enable them to lead a peaceful life.
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Accordingly, the petition is allowed. FIR No.154 dated
22.12.2018, registered for offences under Sections 120-B, 323, 377, 406,
420, 498-A and 506, IPC, however, Section 377, IPC was deleted later on,
at Women West Police Station Gurugram, District Gurugram (Annexure P-
1) alongwith all subsequent proceedings arising therefrom, are quashed qua
the petitioners.
(SUVIR SEHGAL)
JUDGE
07.07.2022
Pardeep
Whether Speaking/Reasoned Yes
Whether Reportable Yes
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