PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUMEET GOEL, J.
Arun Singh Pundir And Others – Appellant
Versus
State of Haryana And Another – Respondent
CRM-M-5126-2024
Decided on : 11-09-2024
JUDGMENT :
Sumeet Goel, J. (Oral)
1. The present third petition has been filed by the petitioners under Section 482 of Code of Criminal Procedure, 1973 for quashing of FIR No.1020 dated 20.08.2019 (Annexure P-1) registered for the offences punishable under Sections 323, 377, 406, 498-A and 506 of IPC at Police Station Jagadhri City, District Yamuna Nagar, which was got lodged by respondent No.2 (herein) along with all the consequential proceedings emanating therefrom including report dated 01.12.2023 under Section 173 of Cr.P.C. (Annexure P-12) as well as order dated 22.12.2023 (Annexure P-13) passed by ACJM, Jagadhri vide which the petitioners have been charge-sheeted, on the grounds that the continuation of above said proceedings will be an abuse of process of law and will lead to miscarriage of justice. The allegations in the FIR primarily relate to the allegations of harassment on account of dowry and Istridhan related criminal breach of trust.
2. The first petition (for quashing of the FIR in question) was dismissed as withdrawn vide order dated 25.08.2023 by a coordinate Bench of this Court, relevant whereof reads as under:
'5. However, the learned counsel for respondent No.2 submits that the petitioners have not honoured the terms and conditions of the compromise and have not given effect to the same. As such, respondent No.2 does not intend to settle the matter with them.
6. Faced with this situation, learned counsel for the petitioners seeks to withdraw the present petition with liberty to approach the Court afresh, in the event, any compromise is again effected and given complete effect at a subsequent stage.
7. Dismissed as withdrawn with liberty aforesaid. '
3. The second petition filed by the petitioner was also dismissed as withdrawn on 23.11.2023 by a coordinate Bench of this Court, relevant whereof reads as under:
'2. Learned counsel for the petitioners contend that the matter is still at the stage of investigation He seeks to withdraw the present petition at this stage with liberty to raise defence pleas before the Investigating Agency, in accordance with law.
3. Dismissed as withdrawn with the liberty aforesaid. '
Thereafter, the present petition i.e. the third petition has been preferred by the petitioners for quashing of the instant FIR in question.
4. Notice of motion of the instant petition was issued on 31.01.2024 whereupon the counsel for the respondent No.2 had entered appearance on 22.03.2024 and sought time to file reply. However, despite various opportunities granted by this Court, no reply has been filed on behalf of the respondent No.2. Today, respondent No.2 remains unrepresented.
5. Learned counsel for the petitioner has argued that the entire dispute(s) between the petitioner-husband and the respondent No.2-wife was amicably settled & the petitioner-husband has fulfilled in entirety requirement(s)/condition(s) on his part as per the terms of the agreement/compromise deed dated 24.08.2021. The relevant part of agreement/compromise deed dated 24.08.2021 entered into between the petitioners and respondent No.2 (copy whereof has been appended as Annexure P-2) reads as under:-
'2. That the parties under takes to sing, verify, file, appear and give their statements in the competent court during the first motion and second motion of the divorce petition to be filed by them u/s 13-B (1) & (2) of the Hindu Marriage Act. without any default.
3. That the first party shall pay a sum of Rs.11,00,000/- (Rupees Eleven Lacs only) to the second party. The aforesaid amount is towards the full and final settlement of all the claims, dues etc. of Second Party including their Instridhan, present, past and future maintenance and permanent alimony and henceforth the second party. Second party hereinafter shall not claim any amount from the first, party or his family members [Hereinafter rerfered as third, fourth and fifth parties respectively), in any manner and in any account whatsoever.
4. That the said settled sum of Rs. 11,00,0
The court established that FIRs arising from matrimonial disputes can be quashed if the complainant has benefited from a settlement and is using the legal process to harass the accused.
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The main legal point established in the judgment is the wide and unfettered inherent powers of the High Court under Section 482 of the Code of Criminal Procedure to quash criminal proceedings based o....
Point of Law : No doubt, while exercising power under Section 482 Cr.P.C, for quashing of FIR, Court is also required to take into consideration interest of society at large, but in the present case,....
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The main legal point established in the judgment is that once the terms of a settlement have been complied with, the parties are estopped from resiling from the settlement, and court proceedings shou....
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