Punjab-Haryana High Court
Nupur Saigal @ Nupur Bahri vs State Of Haryana And Another on 24 April, 2024
Neutral Citation No:=2024:PHHC:057327
CRM-M-58751-2022 --1--
2024:PHHC:057327
283 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-58751-2022
DATE OF DECISION:-24.04.2024
Nupur Saigal @ Nupur Bahri ...Petitioner
vs.
State of Haryana and another ...Respondents..
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Tanmoy Gupta, Advocate,
for the petitioner.
Mr. Gurmeet Singh, AAG, Haryana.
Mr. Naman Gupta, Advocate,
for respondent No.2.
Mr. Deepak Aggarwal, Advocate,
for applicant (in CRM-23072-2023).
****
HARKESH MANUJA, J. (Oral)
CRM-23072-2023
Prayer in this application is for impleading applicant-Joy Dua as
party in the present petition.
I have heard learned counsel for the parties and gone through the
contents of the application.
Though, by way of present application a serious opposition has
been made on behalf of the applicant to the prayer made in the main petition
while submitting that the compromise arrived at between petitioner and
respondent No.2, in the absence of applicant is apparently a collusion them
and would cause serious prejudice to the rights of the applicant, however,
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the said plea of the applicant is liable to be rejected, for the reasons that for
the better future of the parties, who were facing long drawn matrimonial
litigation besides keeping in view the future of their kids litigation between
them needs to be given a quietus. Moreover, once, the parties have settled
their differences with an intent to move ahead in life, in terms of
compromise, the continuation of FIR in question would cause serious
prejudice to their rights, besides even the future of their kids as well, thus,
application needs to be declined. Otherwise also, the applicant has already
availed his separate remedy by way of filing CRM-M-21431-2023.
Accordingly, the present application is dismissed.
Main case
1. By way of present petition filed under Section 482 Cr.P.C., the
petitioner prays for quashing of FIR No.688, dated 22.10.2021, registered
under Sections 323, 341, 355, 452, 506, 511, 307 and 120-B IPC, registered
at Police Station Sector 7, Faridabad (Annexure P-1) and all other
subsequent proceedings arising therefrom on the basis of compromise dated
02.06.2022 (Annexure P-2).
2. The FIR in question, is an offshoot of matrimonial discord
between petitioner (wife) and respondent No.2-complainant(husband), who
have now mutually agreed to part their ways.
Though, as per allegations, total 02 persons were involved in the
present FIR, however, present petitioner has filed the present petition,
whereas, other accused has filed separate petition bearing CRM-M-21431-
2023 for similar relief.
3. In pursuance of order dated 05.05.2023 passed by this Court,
whereby parties were directed to appear before the Trial Court for getting
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their statements recorded as regards the veracity of compromise arrived at
between them, a report dated 24.07.2023 has been received from the
concerned Court, stating that the compromise entered between Napur Saigal
@ Nupur Bahri and Manu Saigal is genuine and voluntary. No other
criminal proceeding is pending against the present petitioner.
4. Once, the compromise has been arrived at between the parties
without any pressure and respondent No.2 having no objection as regards
quashing of FIR as well as all other subsequent proceedings arising out of
the same against the petitioner; there does not appear to be any impediment
as regards quashing of present FIR qua the petitioner. Even otherwise, in
order to maintain peace and harmony between the parties, particularly under
the circumstances wherein the alleged offences have no societal interest
involved, it would be appropriate to render complete quietus to the
aforementioned dispute by quashing the FIR on the basis of compromise
entered into between the parties.
5. The parties having settled their dispute so as to live in peace in
furture, no useful purpose would be served by proceeding further with the
criminal proceedings. In the light of above developments, no cause remains
for the Trial Court to invest further time and effort in adjudicating this FIR.
The compromise in question is even found to be fully in consonance with
the direction issued by the Court in Kulwinder Singh & Ors. Vs. State of
Punjab 2007(3) RCR (Criminal) 1052 and Gian Singh Vs. State of Punjab
& Anr., 2012(4) RCR (Crl.) 543.
6. Further, learned counsel for the petitioner, while placing reliance
upon the judgments passed by the Hon'ble Supreme Court in Jayrajsingh
Digvijaysinh Rana Vs. State of Gujarat and another, 2012(4) R.C.R.
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(Criminal) 589 and this Court in Joginder Singh & another Vs. State of
Punjab and another, passed in CRM-M-23739- 2010 decided on
27.04.2011, Rajinder Singh Vs. State of Punjab & another, passed in
CRM-M- 37395-2016 decided on 16.05.2017 and Vimal Kalra & others Vs.
State of Punjab & another, passed in CRMM-20355-2022, decided on
25.07.2022 submits that partial quashing of the FIR is possible on the basis
of a compromise.
7. Thus, in view of the aforesaid facts, accompanied by statements of
both the parties as well as keeping in mind the law laid down in the
aforementioned judgments, FIR No.688, dated 22.10.2021, registered under
Sections 323, 341, 355, 452, 506, 511, 307 and 120-B IPC, registered at
Police Station Sector 7, Faridabad as well as all subsequent proceedings
arising therefrom are hereby quashed qua the petitioner.
8. Accordingly, petition stands allowed, however, subject to
providing equipment as mentioned below to the Civil Hospital, Faridabad,
within a period of three weeks from today as volunteered by the petitioner
against due receipt issued by the concerned Civil Surgeon, who shall prepare
an inventory in this regard for its regular inspection by the Director
concerned. A copy of the receipt shall also be sent to the office of Advocate
General, Haryana at the earliest for maintaining records in this regard.
Sr. No. Name of Equipment Qty
24.04.2024 (HARKESH MANUJA)
sonika JUDGE
whether speaking/reasoned: Yes/No
whether reportable: Yes/No
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