IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
............ – Appellant
Versus
............ – Respondent
IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Reserved on: 04.09.2025 Pronounced on: 10.09.2025 MANISH CHAWLA …Petitioner V/S U.T. CHANDIGARH AND ANOTHER …Respondents CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL Present: Mr. Ashish Grover, Advocate for the petitioner Mr. Vaibhav Mittal, Addl. PP UT Chandigarh.
Mr. Pankaj Bains, Advocate for respondent No. 2.
SHALINI SINGH NAGPAL, J. (ORAL)
This petition under Section 482 Cr.P.C. seeks quashing of FIR No.
09 dated 27.01.2017 under Sections 406/498-A Indian Penal Code, Police Station Women, Sector 17, Chandigarh and all consequential proceedings arising therefrom.
First information report was registered on complaint of Isha Chawla, who alleged that her marriage with Manish Chawla was solemnized on 11.10.2011 according to Hindu rites and ceremonies. At the time of marriage and Shagun ceremony, a sum of Rs. 15,00,000/- was spent to meed the demand of her in-laws. Jewellery along with furniture items, cloths etc. were gifted, as per wishes of the husband/in-laws, beyond their means. From the beginning, her husband, mother-in-law and married sister-in-law started harassing her for bringing insufficient dowry. Demands for cash and other articles were raised. Her parents tried to meet the demands by gifting cash, jewellery and other articles on various festivals and on occasion of birth of the child. Yet, her husband and in-law were not satisfied and continued to harass her. She was manipulated into resigning from her job. Whenever she made any request, she was ill-treated and beaten up. Most of her salary was snatched. She alone bore the expenses of child, who was three years old. Efforts were made by her parents to prevail over the husband and in-laws in December 2015, but to no avail and there was no change in their behaviour. On 07.02.2016, she was given severe beatings resulting in her miscarriage. Thereafter, she was not provided with medical aid and was ousted from the matrimonial home. Since then, she had been residing in her parents’ home. Her husband had never shown any concern and she was dependent on her parents for her expenses.
Learned counsel for the petitioner argued that respondent No. 2 got a false criminal case under Sections 406, 498-A Indian Penal Code, registered against the petitioner but with intervention of respectables, a compromise was effected between the parties on 05.05.2017. As per compromise, petitioner and respondent No. 2 agreed to seek divorce by mutual consent on payment of Rs. 11,00,000/- to be paid by the petitioner to respondent No. 2, as past, present and future alimony and for the welfare of the minor child. Some other terms and conditions were also settled. In the said compromise, respondent No. 2 agreed to withdraw FIR No. 09 dated 27.01.2017 under Sections 406/498-A Indian Penal Code, Police Station Women, Sector 17, Chandigarh and to get it quashed. Accordingly, the parties filed the petition for divorce by way of mutual consent and petitioner made payment of Rs. 11,00,000/- to respondent No. 2, as per settlement, on the date of first motion statement and on the second motion statement, collectively. A decree of divorce by mutual consent was passed on 04.07.2018 and other terms and conditions of the compromise were also satisfied. As agreed, petitioner filed the petition under Section 482 Cr.P.C. for quashing the FIR, in which notice of motion was issued and the parties were directed to appear before learned Illaqa Magistrate for getting their statements recorded regarding the compromise. Respondent No. 2, however, did not appear despite the orders. Legal notice was also served on her, but to no avail. Learned Judicial Magistrate Ist Class, Chandigarh, also issued notice for appearance, which respondent No.2 ignored. Thereafter, petitioner withdrew the petition for quashing of FIR by way of compromise.
Learned counsel further urged that the only object of respondent No. 2 was to harass the petitioner. After the settlement, under which re
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