Punjab-Haryana High Court
Anurag Madaan And Ors vs State Of Haryana And Another on 8 September, 2022
CRM-M-6604 of 2022 (O&M) {1}
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
123+270 CRM-M-6604 of 2022 (O&M)
Date of decision:08.09.2022
Anurag Madaan and others ... Petitioners
Vs.
State of Haryana and another ... Respondents
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL
Present:- Mr. S.S.Kang, Advocate for
Mr. Paras Jhamb, Advocate
for the petitioners.
Ms. Ankita Ahuja, AAG, Haryana.
Mr. Ishan Khetarpal, Advocate
for respondent No.2.
SUVIR SEHGAL, J. (Oral)
CRM No.33553 of 2022
Application is allowed as prayed for.
Judgment and decree of divorce dated 02.05.2022 are taken on
record as Annexures R-2/1 and R-2/2, respectively.
CRM-M-6604 of 2022
On 17.02.2022, this Court passed the following order:-
"Heard through video conferencing.
Prayer in this petition filed under Section 482 of Code of
Criminal Procedure, 1973, is for quashing of FIR No.341
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dated 14.09.2016 under Sections 406/498-A of IPC, 1860,
registered at Police Station Civil Line, District Kaithal,
Annexure P-1, along with all consequential proceedings
arising therefrom, on the basis of compromise dated
29.11.2021, Annexure P-3, arrived at between the parties.
Counsel for the petitioners submits that petitioner No.1
is the husband and petitioners No.2 to 4 are his relatives. He
submits that the marriage of petitioner No.1 was solemnized
with the complainant/respondent No.2 on 15.09.2015, however,
due to adjustment issues between the two, FIR, Annexure P-1,
was lodged by the complainant/respondent No.2 and the
dispute has been settled by virtue of compromise, Annexure P-
3. Still further, he submits that a petition seeking divorce by
mutual consent has been instituted under Section 13-B of the
Hindu Marriage Act, 1955, first motion has been recorded,
part payment of Rs.2.5 lacs has been made and the balance
amount of Rs.2.5 lacs towards permanent alimony is to be paid
at the time of recording of second motion on 02.05.2022.
Notice of motion.
On asking of the Court, Ms. Mahima Yashpal, DAG,
Haryana, who is present through video conferencing, accepts
notice on behalf of respondent No.1-State. As per instructions
received by her from PSI Jagdish, final report has been
presented against all the 04 petitioners, charge has been
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framed and the proceedings before the trial court are at the
stage of defence evidence. Mr. Ishan Khetarpal, Advocate
accepts notice on behalf of the complainant/respondent No.2
and has filed his Vakalatnama, which is taken on record. He
admits the factum of compromise as well as statements made
by counsel for the petitioners.
The parties and Investigating Officer are directed to
appear before the Illaqa Magistrate/Trial Court on 08.03.2022
or any date thereafter as fixed by the trial court, for getting
their statements recorded with regard to the compromise. The
Illaqa Magistrate/Trial Court shall submit a report on or
before the next date of hearing 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 other criminal case is pending against
the accused.
Report of Illaqa Magistrate/Trial Court be awaited for
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23.05.2022.
In the meanwhile, trial court shall adjourn the
proceedings beyond the date fixed by this Court."
Counsel for the petitioners submits that balance amount of
permanent alimony has been paid and marriage has been dissolved by
judgment and decree, Annexures R-2/1 and R-2/2.
Report has been received from the Trial Court pursuant to
above reproduced order and its relevant extract is as under:-
POINT NO.1
"Regarding Point No.(1), it is submitted that five accused
persons were arrayed in the FIR. The accused persons named
in the FIR are:1) Anurag Madan son of Om Parkash, 2)
Krishna Madan wife of Om Parkash, 3) Sanjeev Madan son of
Om Parkash, 4) Neelam Madan wife of Sanjeev Kumar and 5)
Jyoti daughter of Om Parkash. During investigation Jyoti
Madan daughter of Om Parkash was not found involved by the
Investigating Agency and accordingly, challan was presented
against four accused only. Thus, as of now there are total four
accused persons namely Anurag Madan son of Om Parkash,
Krishna Madan wife of Om Parkash, Sanjeev Madan son of
Om Parkash and Neelam Madan wife of Sanjeev Kumar are
facing trial in the present FIR. It is further submitted that all
the four accused have appeared before the Court and have
made their statements qua the compromise. Their statements
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have been recorded jointly. It is further submitted that as per
report of Investigating Officer no accused has been declared
absconding/P.O., in this case.
POINT NO.2:
2. Regarding Point No.2, it is submitted that Anjali wife of
Anurag is the complainant and injured/aggrieved person as
per the statement of Investigating Officer as well as per the
statement of complainant Anjali wife of Anurag herself in this
context. Complainant Anjali has appeared and her statement
qua compromise has been recorded.
POINT NO.3:
3. Regarding Point No.3, it is submitted that the present
case is at the stage of defence evidence, if any, otherwise for
arguments.
POINT NO.4:
4. Regarding Point No.4, it is submitted that the
complainant Anjali wife of Anurag vide her separately
recorded statement and accused namely Anurag Madan son of
Om Parkash, Krishna Madan wife of Om Parkash, Sanjeev
Madan son of Om Parkash and Neelam Madan wife of Sanjeev
Kumar vide their joint statements have stated that the
compromise has been effected between the parties with their
free will and without any coercion or pressure from any
corner. The complainant Anjali has also stated that she has
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compromised the matter with the accused persons and the said
compromise Mark-A was effected with her free will and
without any coercion or pressure from any corner. Accused
persons have also stated that compromise is correct and
genuine. Copy of compromise has been placed on record as
Mark-A. In view of the said statements of the parties, the
compromise appears to be effected voluntarily and out of free
will. Accordingly, in view of the said statements, it is submitted
that the compromise effected between the parties, appears to be
genuine.
POINT NO.5:
5. Regarding Point No.(5), it is submitted that Investigating
Officer/PSI Jagdish Kumar has specifically stated that no other
criminal case is pending against accused persons namely
Anurag Madan son of Om Parkash, Krishna Madan wife of Om
Parkash, Sanjeev Madan son of Om Parkash and Neelam
Madan wife of Sanjeev Kumar. The Investigating Officer also
submitted his report as Mark-B."
Status report by way of an affidavit of Deputy Superintendent
of Police, (AEC), Kaithal has been filed on behalf of respondent No.1-State,
which is taken on record.
By referring to the status report, State counsel submits that trial
is fixed for defence evidence and arguments.
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Counsel representing the complainant-respondent No.2 submits
that entire permanent alimony of Rs.5.00 lacs has been received and the
complainant does not have any objection in case the prayer made in the
petition is acceded to.
Heard counsel for the parties.
It is evident from the material on the record that FIR
(Annexure P-1) is an outcome of a matrimonial dispute, which has been
amicably settled, marriage has been dissolved and the entire amount of
permanent alimony has been paid to the complainant-respondent No.2.
In view of the above developments, report of the Trial Court
and judgments of Supreme Court in Gold Quest International Private
Limited Vs. State of Tamil Nadu and others (2014) 15 SCC 235 and
Ramgopal and another Versus The State of Madhya Pradesh 2021 (4)
RCR (Criminal) 322, this Court has no hesitation in quashing the criminal
proceedings.
Accordingly, the petition is allowed. FIR No.341 dated
14.09.2016, registered for offences under Sections 498-A, 406 of the Indian
Penal Code, 1860, at Police Station Civil Lines, District Kaithal
(Annexure P-1) alongwith all consequential proceedings arising therefrom,
are quashed qua the petitioners.
(SUVIR SEHGAL)
September 08, 2022 JUDGE
savita
Whether Speaking/Reasoned Yes
Whether Reportable Yes
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