Punjab-Haryana High Court
Ompal And Another vs State Of Haryana And Another on 11 November, 2022
CRM-M-46742 of 2021 {1}
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
226 CRM-M-46742 of 2021
Date of decision:11.11.2022
Ompal and another ... Petitioners
Vs.
State of Haryana and another ... Respondents
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL
Present:- Mr. Pushp Jain, Advocate for
Mr. Virat Rana, Advocate
for the petitioners.
Ms. Ankita Ahuja, AAG, Haryana.
Mr. Ashish Pundir, Advocate
for respondent No.2.
SUVIR SEHGAL, J. (Oral)
On 25.11.2021, this Court passed the following order in the
main petition:-
"Instant petition has been filed under Section 482 of the
Code of Criminal Procedure, 1973 seeking quashing of FIR
No.287 dated 25.05.2018 registered under Sections 323, 498-
A, 506 of Indian Penal Code, 1860 at Police Station City
Bahadurgarh, District Jhajjar (Annexure P-1) and also
subsequent proceedings arising therefrom, as the matter has
been compromised between the parties and the marriage has
been dissolved by a decree of divorce passed by mutual consent
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CRM-M-46742 of 2021 {2}
on 30.09.2021 (Annexure P-2).
Counsel for the petitioners submits that petitioner No.1
was married to the complainant-respondent No.2 on
28.02.2017 and a daughter was born out of the wedlock,
however, due to temperamental differences between the couple,
they have been residing separately since 12.01.2018 and with
the intervention of the elders and respectables, marital discord
has been resolved. He submits that alimony, stridhan and
maintenance amount has been paid and nothing more is due to
the complainant-respondent No.2 and the parties have
mutually agreed to withdraw all the pending cases. Still
further, by making a reference to para 6 of the petition,
counsel submits that the petitioners, who are husband and
father-in-law of the complainant-respondent No.2, have not
been declared as Proclaimed Offender.
Notice of motion.
On asking of the Court, Ms.Mahima Yashpal, Deputy
Advocate General, Haryana accepts notice on behalf of
respondent No.1-State. Mr.Ashish Pundir, Advocate appears
on behalf of respondent No.2. He has admitted the statement
made by counsel for the petitioners.
The parties and Investigating Officer are directed to
appear before the trial Court/Illaqa Magistrate on 25.01.2022
for getting their statements recorded with regard to the
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CRM-M-46742 of 2021 {3}
compromise. The trial Court/Illaqa Magistrate shall submit the
report specifying the following:-
1. the number of accused arraigned in the FIR and
how many have appeared before it and have made
statements and whether any accused is
absconding/P.O. in the case;
2. the name of the complainant and injured/aggrieved
and whether all of them have appeared and made
their statements in support of the compromise;
3. the stage of trial/proceedings;
4. if the compromise is genuine, voluntary and out of
free will of the parties.
5. whether any accused is involved in any other
criminal case, and to send its report to this Court
through District and Sessions Judge, before the
next date of hearing.
Report of the trial Court/Illaqa Magistrate be awaited
for 20.04.2022."
Counsel for the petitioners submits that custody of the child
born out of the wedlock is with petitioner No.1 in terms of the settlement
between the parties.
Upon instructions from SI Ankita, State counsel submits that
though there were number of accused in the FIR, but on conclusion of
investigation, challan has been presented and charge has been framed
against both the petitioners under Sections 323, 498-A, 506 IPC and trial is
underway.
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CRM-M-46742 of 2021 {4}
Counsel for the complainant-respondent No.2 has supported the
prayer made in the petition and submits that all the claims inter se parties
have been settled.
Heard counsel for the parties.
Report has been received pursuant to above reproduced order
and its relevant extract is as under:-
"(1) As per Investigating Officer, there were six accused
named in FIR No.287 dated 25.05.2018, under Sections
354/323/498-A & 506 of IPC, P.S.City, Bahadurgarh, during
investigation, Section 354 of IPC was revoked and four
accused namely Sunita, Sonia, Yashpal and Sonika were found
innocent and kept in column no.2. Further, against accused
Ompal and Balwan challan was filed. It is further submitted
that no accused have been declared as proclaimed person in
this case. As per information, no other case is pending against
these accused.
(2) The name of complainant in this case is Priyanka and
she has appeared before the Court and made her statement
dated 14.12.2021, in support of the compromise with accused
persons.
(3) As per the record, the case is at the stage of prosecution
evidence.
(4) As per the respective statements, parties have
compromised the matter out of their sweet will and the
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compromise is genuine, voluntarily and without any coercion
or undue influence."
It is evident that FIR, Annexure P-1, is an outcome of a
matrimonial dispute, which has been amicably settled and marriage has been
dissolved. Parties have decided to give a quietus to the dispute and are
living separately.
Keeping in view the above development, report of the Trial
Court and judgments of Supreme Court in B.S.Joshi and others Vs. State
of Haryana and another (2003) 4 SCC 675 and Narinder Singh Versus
State of Punjab (2014) 6 SCC 466, this Court is of the opinion that
keeping the criminal proceedings alive would be futile.
Accordingly, petition is allowed. FIR No.287 dated 25.05.2018
registered under Sections 323, 498-A, 506 of Indian Penal Code, 1860 at
Police Station City Bahadurgarh, District Jhajjar (Annexure P-1) alongwith
all subsequent proceedings arising therefrom, are quashed qua the
petitioners.
(SUVIR SEHGAL)
November 11, 2022 JUDGE
savita
Whether Speaking/Reasoned Yes
Whether Reportable Yes
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