IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M-31170 of 2008 Date of Decision: 9.01.2009 Amanjeet Singh and others .... Petitioners vs State of Haryana and another .... Respondents Coram: Hon'ble Mr. Justice Rajive Bhalla. Present; Mr. Kunal Dawar, Advocate for the petitioners. Mr. Ajay Chaudhary, DAG, Haryana, for respondent No.1. Mr. Karan Singh, Advocate for respondent No.2. ***** Rajive Bhalla, J (Oral) Prayer in this petition filed under Section 482 of the Code of Criminal procedure is for quashing of FIR No.180 dated 20.06.2008 registered under Sections 406, 498-A of the Indian Penal Code, at Police Station Palam Vihar, Gurgaon, Haryana (Annexure P/1) and all the subsequent proceedings arising therefrom. Counsel for the parties, who are present in person pray that in view of the compromise, the FIR and all subsequent proceedings emanating therefrom be quashed. Counsel for the State of Haryana submits that in view of the bona fide settlement between the parties, the State of Haryana would not stand in the way and would, therefore, not oppose the quashing of the FIR. Amanjeet Singh (petitioner No.1) and Pavleen Kaur (respondent No.2) were married on 11th September, 2005. As a result of a misunderstanding, respondent No.2 lodged the present FIR under Sections 498-A and 406 IPC, levelling allegations against petitioner No.1 and his family members, arrayed as petitioners No.2 to 6. During the pendency of Crl. Misc. No.M-31170 of 2008 -2- these proceedings, respondent No.2 also filed a complaint under the Protection of Women from Domestic Violence Act, 2005, which is pending before Additional Civil Judge (Senior Division), Gurgaon, Haryana. However, with the assistance of well wishers, friends and relatives, the petitioners and respondent No.2 have settled their differences and petitioner No.1 and respondent No. 2 have executed a compromise dated 14th November, 2008. A true copy of the compromise, duly attested by counsel for the petitioners, is available on record as Annexure P-2. Relevant extracts from the aforementioned settlement read as follows:- 1. That both the parties are legally married husband and wife. 2. That due to some misunderstanding, the First Party filed a case u/s 498-A, 406 IPC FIR No.180/2008, PS Palam Vihar, Gurgaon, Haryana against the Second Party, his parents and his brother. 3. That the First Party had also filed a complaint under Domestic Violence Act against the Second Party, his parents and his brother which is pending in the court of Ms. Ranjana Aggarwal, Addl. Civil Judge (Senior Division), Gurgaon, Haryana. 4. That the Second Party has returned all the dowry articles and stridhan including Gold jewellery items to the First Party and nothing remains left. 5. That both the parties have started living separately from the parents and family of Second Party at the above address. 6. The Second Party shall maintain First Party as well as minor child and shall provide all basic necessities for decent living as per the family standard. 7. That the First Party undertakes to withdraw the case filed under Domestic Violence Act as soon as possible. 8. That both the parties agreed to cooperate for quashing of the said FIR in Punjab and Haryana High Court at Chandigarh regarding FIR No.180/2008 U/S 498-A, 406 IPC, PS Palam Vihar, Gurgaon, Haryana. 9. That both the parties have signed this deed with their Crl. Misc. No.M-31170 of 2008 -3- sweet will and without any fear, force or coercion. 10.Narinder Singh Gandhi takes the responsibility for both parties. Ms. Pavleen Kaur, the complainant and Amanjeet Singh her husband are present in Court and acknowledge the correctness of the compromise (Annexure P-2). Ms. Pavleen Kaur has filed an affidavit accepting the correctness of the compromise and praying that the FIR be quashed. A matrimonial dispute between petitioner No.1 and respondent No.2 has led to this unfortunate litigation. However, better sense has prevailed as they have resolved the differences and are now residing together as husband and wife. To allow the criminal proceedings to continue, would, therefore, be a sheer wastage of valuable court time and an exercise in futility. In view of the compromise, prosecution witnesses would, in every likelihood, not support the prosecution. By accepting the prayer for quashing, this Court would encourage the parties and enable them to lead a happy matrimonial life. In view of what has been stated hereinabove, the present petition is allowed, FIR No.180 dated 20.06.2008, registered under Sections 406, 498-A of the Indian Penal Code at Police Station Palam Vihar, Gurgaon, Haryana (Annexure P/1) and all the subsequent proceedings arising therefrom are quashed. 9.01.2009 (Rajive Bhalla) sk Judge