Gaurav Chandna and Others Vs. State of Haryana and Another - Court Judgment

SooperKanoon Citationsooperkanoon.com/1135591
CourtPunjab and Haryana High Court
Decided OnMar-24-2014
AppellantGaurav Chandna and Others
RespondentState of Haryana and Another
Excerpt:
crm-m-41136-2013 1 in the high court of punjab and haryana at chandigarh crm-m-41136-2013 date of decision: march 24, 2014 gaurav chandna and others …petitioners versus state of haryana and another …respondents coram: hon’ble mr. justice naresh kumar sanghi present: mr. gaurav gupta, advocate, for the petitioners. mr. nitin kaushal, aag, haryana, for respondent no.1. mr. kunal chhokar, advocate, for respondent no.2. naresh kumar sanghi, j.1. the present petition under section 482, cr.p.c., has been filed by the petitioners, namely, gaurav chandna, ram kumar chandna, saroj chandna, rajat chandna and sonia ahuja, for quashing of fir no.776, dated 15.11.2011, under sections 323, 406, 498-a and 506 read with section 34, ipc, registered at police station, city, gurgaon, and all the consequential proceedings arising therefrom, on the basis of the compromise.2. vide order dated 6.12.2013, this court had directed the affected parties to appear on 20.12.2013 before the learned trial court for getting their respective statements recorded with regard to the compromise. the said court was also directed to submit a detailed report in that regard along with copies of the kapoor prashant 2014.03.26 17:42 i attest to the accuracy of this order crm-m-41136-2013 2 statements on or before the date fixed by this court.3. in compliance of the above, respondent no.2- complainant, shikha chandna, as well as all the petitioners did appear before learned judicial magistrate ist class, gurgaon. the statement of respondent no.2-complainant and a joint statement of the petitioners with regard to the compromise, were recorded. respondent no.2-complainant, shikha chandna, stated as under:- " ......i have settled my dispute with my husband gaurav and his family, and that amicably we have decided to take divorce. first motion of divorce has already been taken place on 25.10.2013. that i have no objection in quashing of fir no.776, dated 15.11.2011, under sections 498a, 406, 506, 323 read with section 34 of ipc, registered at police station, city, gurgaon. but i have not received amount of rs. 5 lacks which were decided to be paid at the time of quashing of fir to me."4. similar joint statement was suffered by the petitioners. the report received from the learned judicial magistrate ist class, gurgaon, reveals that the private parties have genuinely arrived at a compromise and the complainant is not interested in further prosecution of the matter against the accused. the operative part of the report received from the learned judicial magistrate ist class, gurgaon, is as under:- kapoor prashant 2014.03.26 17:42 i attest to the accuracy of this order crm-m-41136-2013 3 " the parties have entered into compromise voluntarily and the complainant has stated that she has no objection if the fir is quashed. hence, this detailed report for kind perusal of your honour."5. learned counsel for the petitioners has handed over a demand draft of `5,00,000/- to the learned counsel for respondent no.2-complainant for further handing over the same to her (complainant). respondent no.2-complainant is present in the court and the said demand draft has been handed over to her in the court room itself. a photocopy of the said demand draft, which is in the name of respondent no.2, shikha, bearing no.499857, dated 21.3.2014, payable at par at all branches of citibank in india, is taken on record. learned counsel for the petitioners further submits that the remaining amount of `10,00,000/-, as agreed between the private parties, would be paid to respondent no.2-complainant at the time of second motion in the petition under section 13-b of the hindu marriage act, 1955, which is pending adjudication for 28.4.2013 before the learned district judge, family court, gurgaon.6. i have heard learned counsel for the parties and with their able assistance gone through the material available on record.7. this court is of the firm opinion that pendency of the fir and the consequential proceedings arising therefrom would be sheer abuse of the process of law since the chances of kapoor prashant 2014.03.26 17:42 i attest to the accuracy of this order crm-m-41136-2013 4 ultimate conviction and sentence of the petitioners are bleak. learned counsel for the private parties as well as learned counsel representing the state of haryana are also ad idem that the petitioners have resolved the matrimonial dispute with respondent no.2-complainant and entered into a compromise.8. in view of the totality of the facts and circumstances of the case and the ratio of the judgment delivered by hon'ble the supreme court in the matter of b.s. joshi and others v. state of haryana and another, 2003 (2) r.c.r. (criminal) 888, this petition is accepted and fir no.776, dated 15.11.2011, under sections 323, 406, 498-a and 506 read with section 34, ipc, registered at police station, city, gurgaon, and the consequential proceedings arising therefrom are hereby quashed. (naresh kumar sanghi) march 24, 2014 judge pkapoor kapoor prashant 2014.03.26 17:42 i attest to the accuracy of this order
Judgment:

CRM-M-41136-2013 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-41136-2013 Date of Decision: March 24, 2014 Gaurav Chandna and others …Petitioners Versus State of Haryana and another …Respondents CORAM: HON’BLE MR. JUSTICE NARESH KUMAR SANGHI Present: Mr. Gaurav Gupta, Advocate, for the petitioners. Mr. Nitin Kaushal, AAG, Haryana, for respondent No.1. Mr. Kunal Chhokar, Advocate, for respondent No.2. NARESH KUMAR SANGHI, J.

1. The present petition under Section 482, Cr.P.C., has been filed by the petitioners, namely, Gaurav Chandna, Ram Kumar Chandna, Saroj Chandna, Rajat Chandna and Sonia Ahuja, for quashing of FIR No.776, dated 15.11.2011, under Sections 323, 406, 498-A and 506 read with Section 34, IPC, registered at Police Station, City, Gurgaon, and all the consequential proceedings arising therefrom, on the basis of the compromise.

2. Vide order dated 6.12.2013, this Court had directed the affected parties to appear on 20.12.2013 before the learned Trial Court for getting their respective statements recorded with regard to the compromise. The said Court was also directed to submit a detailed report in that regard along with copies of the Kapoor Prashant 2014.03.26 17:42 I attest to the accuracy of this order CRM-M-41136-2013 2 statements on or before the date fixed by this Court.

3. In compliance of the above, respondent No.2- complainant, Shikha Chandna, as well as all the petitioners did appear before learned Judicial Magistrate Ist Class, Gurgaon. The statement of respondent No.2-complainant and a joint statement of the petitioners with regard to the compromise, were recorded. Respondent No.2-complainant, Shikha Chandna, stated as under:- " ......I have settled my dispute with my husband Gaurav and his family, and that amicably we have decided to take divorce. First motion of divorce has already been taken place on 25.10.2013. That I have no objection in quashing of FIR No.776, dated 15.11.2011, under Sections 498A, 406, 506, 323 read with Section 34 of IPC, registered at Police Station, City, Gurgaon. But I have not received amount of Rs. 5 lacks which were decided to be paid at the time of quashing of FIR to me."

4. Similar joint statement was suffered by the petitioners. The report received from the learned Judicial Magistrate Ist Class, Gurgaon, reveals that the private parties have genuinely arrived at a compromise and the complainant is not interested in further prosecution of the matter against the accused. The operative part of the report received from the learned Judicial Magistrate Ist Class, Gurgaon, is as under:- Kapoor Prashant 2014.03.26 17:42 I attest to the accuracy of this order CRM-M-41136-2013 3 " The parties have entered into compromise voluntarily and the complainant has stated that she has no objection if the FIR is quashed. Hence, this detailed report for kind perusal of your honour."

5. Learned counsel for the petitioners has handed over a demand draft of `5,00,000/- to the learned counsel for respondent No.2-complainant for further handing over the same to her (complainant). Respondent No.2-complainant is present in the Court and the said demand draft has been handed over to her in the Court room itself. A photocopy of the said demand draft, which is in the name of respondent No.2, Shikha, bearing No.499857, dated 21.3.2014, payable at par at all branches of Citibank in India, is taken on record. Learned counsel for the petitioners further submits that the remaining amount of `10,00,000/-, as agreed between the private parties, would be paid to respondent No.2-complainant at the time of second motion in the petition under Section 13-B of the Hindu Marriage Act, 1955, which is pending adjudication for 28.4.2013 before the learned District Judge, Family Court, Gurgaon.

6. I have heard learned counsel for the parties and with their able assistance gone through the material available on record.

7. This Court is of the firm opinion that pendency of the FIR and the consequential proceedings arising therefrom would be sheer abuse of the process of law since the chances of Kapoor Prashant 2014.03.26 17:42 I attest to the accuracy of this order CRM-M-41136-2013 4 ultimate conviction and sentence of the petitioners are bleak. Learned counsel for the private parties as well as learned counsel representing the State of Haryana are also ad idem that the petitioners have resolved the matrimonial dispute with respondent No.2-complainant and entered into a compromise.

8. In view of the totality of the facts and circumstances of the case and the ratio of the judgment delivered by Hon'ble the Supreme Court in the matter of B.S. Joshi and others v. State of Haryana and another, 2003 (2) R.C.R. (Criminal) 888, this petition is accepted and FIR No.776, dated 15.11.2011, under Sections 323, 406, 498-A and 506 read with Section 34, IPC, registered at Police Station, City, Gurgaon, and the consequential proceedings arising therefrom are hereby quashed. (NARESH KUMAR SANGHI) March 24, 2014 JUDGE Pkapoor Kapoor Prashant 2014.03.26 17:42 I attest to the accuracy of this order