Criminal Misc. No.M-25854 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-25854 of 2008 Date of decision: 12th May, 2009 Sunil Jhamb ......Petitioner Versus State of Haryana and others ......Respondents Before: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. Hari Om Dutt, Advocate for the petitioner. Mr. Ajay Chaudhary, DAG, Haryana for respondent no.1. Mr. A.K.Sukhija, Advocate for respondents no. 2 and 3. RAJIVE BHALLA, J.(Oral) Prayer in this petition, filed under Section 482 of the Code of Criminal Procedure is for quashing of FIR No. 213, dated 18.04.2008, registered under Sections 498-A, 406, 506, 323, 34 of the Indian Penal Code, at Police Station Civil Lines, Hisar and all proceedings emanating therefrom on the basis of a compromise. Counsel for the petitioner and counsel for respondents no. 2 and 3 pray that in view of the settlement between the parties and the grant of a decree of divorce by a mutual consent, the present petition be allowed and the FIR and all subsequent proceedings arising therefrom be quashed. Dr. Deepti Mehtani(respondent no. 2) and Shri Atam Criminal Misc. No.M-25854 of 2008 2 Parkash Mehtani, her father/complainant are present in Court and have been duly identified by their counsel. They acknowledge the correctness of the compromise, and state that they have no objection, if the FIR and all proceedings arising therefrom are quashed. Dr. Deepti Mehtani, however, prays that the amount of Rs. 10.00 lacs, deposited in FDR No. 535744, dated 9.09.2008, account no. 65042166781, lying in the State Bank of Patiala, High Court Branch, Chandigarh be released to her. Counsel for the petitioner has no objection to the acceptance of this prayer. Counsel for the State of Haryana submits that as parties have entered into a compromise, the State does not oppose the prayer for quashing of the FIR and subsequent proceedings arising therefrom. Temperamental differences, between the petitioner and respondent no. 2 lead them to drift apart. Respondent no. 3, father of respondent no. 2 lodged the present FIR. During the pendency of the Criminal Misc. No.M-15567 of 2008, the petitioner and respondent no. 2 arrived at a mutual settlement and recorded separate statements which are reproduced as follows:- Statement of Mr. Sunil Kumar Jhamb, s/o Mr. Mohinder Kumar, aged ___ years, r/o C-1, Power House Colony, Rajgarh Road, Hisar, on SA. “I am employed as a Consultant. I have heard the statement of my wife. I adopt the same. I will bring demand draft of Rs. 10.00 lacs within one month from today in the name of my wife, Dr. Deepti Mehtani. Same shall be kept in FDR in State Bank of Patiala, High Court Branch, Chandigarh. After the FIR Criminal Misc. No.M-25854 of 2008 3 is quashed and decree of divorce of mutual consent is granted, the amount be released to my wife, Dr. Deepti Mehtani.” Statement of Dr. Deepti Mehtani d/o Mr. Atam Parkash Mehtani, aged 28 years, r/o H. No.248, Sector 13, Hisar, on S.A.. “I have done my BAMS from Kurukshetra University, I was married on 21st November, 2007 with Sunil Kumar Jhamb. Due to the temperamental differences, our marriage could not survive and it is beyond repair. Today, on the intervention of the relations and the counsel for the parties, a compromise has been arrived at which is being reduced by making statement by the parties. The car, which was given in this dowry, has been received back. Some of the dowry articles have been recovered by the police. It has been agreed that my husband Sunil Kumar Jhamb will pay an amount of Rs. 10.00 lacs by way of demand draft within one month from today. The amount of 10.00 lacs shall be kept in FDR in the High Court Branch of State Bank of Patiala, at Chandigarh. After quashing of the FIR, which has been lodged at the instance of my father, Mr. Atam Parkash Mehtani, and grant of decree of divorce by way of mutual Criminal Misc. No.M-25854 of 2008 4 consent under Section 13-B of the Hindu Marriage Act, the amount shall be released by the Bank to me. Petition under Section 13-B of Hindu Marriage Act shall be instituted at Hisar. Mr. Sunil Kumar Jhamb, after the payment of amount agreed, by way of demand draft, on the agreed date shall appear at the District Court, Hisar on filing of the petition under Section 13-B of Hindu Marriage Act.” It was also agreed between the parties that an amount of Rs. 10.00 lacs would be deposited in a fixed deposit and would be released to respondent no. 2 after grant of a decree of divorce and after quashing of the FIR. The petitioner has deposited Rs. 10.00 lacs in a fixed deposit with the State Bank of Patiala. I have heard counsel for the parties, perused the order granting a decree of divorce and am satisfied that the petitioner and respondent no. 2 have resolved their differences by a bonafide compromise, free from any fraud, coercion or undue influence and have parted ways. A compromise or a settlement serves the immediate purpose of parties, as it enables them to proceed with their lives without ill will or rancour and in peace and harmony. In view of the compromise, the prosecution witnesses are not likely to support the prosecution and, therefore to proceed with the trial, would in my opinion be an exercise in futility and a wastage of public money and valuable Court time. The Hon'ble Supreme Court, while dealing with a similar controversy, in B.S.Joshi and others V. State of Haryana and another, 2003(2) RCR(Criminal) 888, has held that in cases arising from a matrimonial disputes, where parties have settled their Criminal Misc. No.M-25854 of 2008 5 dispute, by a bonafide settlement, the High Court in the exercise of jurisdiction under Section 482 of the Code of Criminal Procedure would be justified in quashing proceedings emanating from matrimonial disputes, even where the offences complained of are non- compoundable. Consequently, in view of the peculiar facts and circumstances of the present case, this petition is allowed and the FIR No. 213, dated 18.04.2008, registered under Sections 498-A, 406, 506, 323, 34 of the Indian Penal Code, at Police Station Civil Lines, Hisar, and all consequent proceedings emanating therefrom are quashed. The State Bank of Patiala, High Court Branch, Chandigarh is directed to release the amount of Rs. 10.00 lacs deposited in FDR No. 535744, dated 9.09.2008 in account no. 65042166781 to Dr. Deepti Mehtani, daughter of Shri Atam Parkash Mehtani. . [RAJIVE BHALLA] JUDGE 12th May, 2009 SKaushik