Manohar Lal and Others vs State of Haryana and Others

Jitendra Chauhan, J.—The present petition u/s 482 of the Code of Criminal Procedure has been filed for quashing the FIR No. 392 dated 24.9.2011 (Annexure P-1), registered under Sections 148, 149, 323, 342, 406, 498-A, 506 of the Indian Penal Code, at Police Station Ambala City, District Ambala and subsequent proceedings arising therefrom, on the basis of the compromise reached between the parties. Heard.

In another connected CRM No. M 39226 of 2011, the matter was referred to the Mediation and Conciliation Centre of this Court vide order-dated 25.3.2013. The matter stands compromised before the Mediator and a compromise deed dated 15.7.2013 has been executed between the parties, wherein both the parties have mutually agreed to file a joint petition u/s 13-B of Hindu Marriage Act for seeking divorce by mutual consent; complainant Isha Dua has also agreed that she has no objection if the FIR in question is quashed and as per the compromise, an amount of Rs. 22,50,000/- shall be given in cash in three installments by the petitioners. Out of the said amount, Rs. 12,50,000/- has been paid on 22.7.2013 vide DD No. 813270; Rs. 5,00,000/- has been paid today through DD No. 813383 dated 14.8.2013, photocopy copy of which is taken on record and the remaining amount of Rs. 5,00,000/- will be paid on granting a decree of divorce by mutual consent.

Learned counsel for the petitioner contends that the Car has been handed over to the its owner Manohar Lal in view of the compromise.

Parties are present in person. The complainant has also conceded these facts and stated that she has no objection of the FIR in question is quashed, in view of the compromise.

In view of the above, this Court is of the opinion that no useful purpose would be served in continuing the proceedings. Accordingly, this petition is allowed and FIR No. 392 dated 24.9.2011 (Annexure P-1), registered under Sections 148, 149, 323, 342, 406, 498-A, 506 of the Indian Penal Code, at Police Station Ambala City, District Ambala and all consequential proceedings arising therefrom are, hereby, quashed qua the petitioners. However, it is made clear that if the terms and conditions of the compromise reached between the parties, is violated by the petitioners, the present petition shall be deemed to be dismissed without any further notice.