Criminal Misc.
not M-30825 of 2012 ..1.IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.
not M-30825 of 2012 Date of Decision:
11. hFebruary, 2013 Dr.Bikash Sahu ...Petitioner Versus State of Haryana & Anr...Respondents Criminal Misc.
not M-21796 of 2010(O&M) Bishal Sahu ...Petitioner Versus State of Haryana & Anr...Respondents Criminal Misc.
No.12179 of 2011 (O&M) M.B.Sahu & Anr...Petitioners Versus State of Haryana & Anr...Respondents CORAM: HON'BLE Mr.JUSTICE NARESH KUMAR SANGHI Present: Mr.Raj Mohan Singh, Advocate, for the petitioneRs.Mr.Anupam Sharma, AAG, Haryana.
Mr.Durga Dutt Sharma, Advocate, for the complainant.
*** Naresh Kumar Sanghi, J.
In all the three petitions captioned above, the prayer is for quashing of FIR No.192, dated 13.11.2008, under Sections 406 and 498-A, IPC, registered at Police Station, Sector 56, Gurgaon, and the consequential proceedings arising therefrom, on the basis of compromise.
Vide order dated 17.01.2013, respondent No.2/complainant-Smt.Payal Sahu as well as petitioner Bikash Sahu were directed to appear before the learned trial court on Criminal Misc.
not M-30825 of 2012 ..2.28.01.2013 for making their respective statements with regard to the compromise.
The learned trial court was also directed to send its report in that regard on or before the date fixed by this Court.
In compliance thereof, respondent No.2/complainant- Smt.
Payal Sahu, and petitioner-Bikash Sahu did appear before the learned court below and got recorded their respective statements with regard to the compromise.
Smt.Payal Sahu stated before the learned trial court as under:- “Stated that in FIR No.192/08, under Sections 406 and 498-A, IPC, Police station, Sector 56, Gurgaon, the matter has been amicably settled between her and her husband Bikash Sahu and the other accused, namely, Mukhbilash Sahu, Namita and Bishal Sahu.
That the fiRs.motion has already been taken place.
Copy of the joint statement is Ex.PC ; copy of the order is Ex.PB; copy of DD is Ex.PA and copy of petition is Ex.PD.
I have no objection if the above mentioned FIR is quashed against all the accused persons.
DD (particulars mentioned in Ex.PA) has been placed on record in divorce petition.”
Petitioner-Bikash Sahu stated before the learned trial court as under:- “We have amicably settled the dispute with his wife Payal Sahu in case FIR No.192/08 under Sections 406 and 498- A, IPC, Police Station, Sector 56, Gurgaon.
I have already placed on record Demand Draft No.000996 dated 05.01.2013 in favour of Payal Mody (Payal Sahu) in the divorce petition pending before the learned Family Court, Gurgaon.”
The report received from the learned Judicial Magistrate Ist Class, Gurgaon, reveals that the matter stands compromised.
Criminal Misc.
not M-30825 of 2012 ..3.Learned counsel for the petitioners submits that due to the intervention of the respectable and the elderly people of the society, respondent No.2-complainant has resolved her all matrimonial disputes with the petitioneRs.He further submits that the statements of respondent No.2/complainant as well as of her husband-Bikash Sahu (petitioner) have already been recorded to that effect.
He also submits that as a sequel to the compromise, a petition under Section 13-B of the Hindu Marriage Act has also been presented before the Family Court (District Judge).Gurgaon and the fiRs.motion has already been issued.
He also submits that in view of the compromise and the statements suffered by the parties, the chances of ultimate conviction of the petitioners are bleak, therefore, pendency of the FIR and the continuation of the trial would be a sheer abuse of the process of law.
Learned counsel for the State, on instructions from HC Narinder Singh, Police Station, Sector 56, Gurgaon, admits the factum of compromise effected between the parties.
After going through the statements suffered by the parties and the report, sent by learned Judicial Magistrate Ist Class, Gurgaon, he submits that he has no objection if the impugned FIR and all the consequential proceedings arising therefrom, are quashed.
Learned counsel for respondent No.2-complainant, also admits the factum of compromise.
He further submits that respondent No.2-complainant has no objection if the impugned FIR and all the consequential proceedings arising therefrom, are quashed.
He concedes that a petition under Section 13-B of the Hindu Marriage Act for grant of a decree of divorce has also been Criminal Misc.
not M-30825 of 2012 ..4.presented before the Family Court, Gurgaon.
Heard.
This criminal litigation has arisen out of a matrimonial dispute.
Bikash Sahu (petitioner-husband) as well as Smt.Payal Sahu (respondent No.2-wife) have decided to resolve their all disputes and effected a compromise.
A divorce petition under Section 13-B of the Hindu Marriage Act has already been filed before the Court.
The report received from the learned Judicial Magistrate Ist Class, Gurgaon, reveals that the compromise has been effected between the parties.
Taking into consideration the above facts, this Court is of the opinion that the chances of ultimate conviction of the petitioners are bleak and therefore, pendency of the FIR and continuation of the trial would be a sheer abuse of the process of law.
In view of the factum of compromise and the law laid down by Hon'ble Supreme Court in B.S.Joshi and others versus State of Haryana and another, 2003(2) RCR (Criminal) 888, and Gian Singh versus State of Punjab & Anr., 2012(4) R.C.R.(Criminal) 543, the above-mentioned petitions are allowed and FIR No.192, dated 13.11.2008, under Sections 406 and 498-A, IPC, registered at Police Station, Sector 56, Gurgaon, and all the consequential proceedings arising therefrom are hereby quashed.
(NARESH KUMAR SANGHI) February 11, 2013 JUDGE seema