Ram Parshad Makhija and Others vs The State of Haryana and Another

Naresh Kumar Sanghi, J.—This is a petition for quashing of FIR No. 261, dated 17.08.2012, under Sections 406, 420, 498-A and 506 read with Section 34, IPC, registered at Police Station, City, Rewari, and all the subsequent proceedings arising therefrom, on the basis of compromise. Vide order dated 17.07.2013, this Court had directed the affected parties to appear on 24.07.2013 before the learned trial court for making their respective statements with regard to the compromise. The said Court was also directed to send its detailed report in that regard along with copies of the statements to this Court on or before the date fixed by this Court.

Due to variety of reasons, respondent No. 2-complainant, Ritika Khurana, could not appear before the court below, therefore, her statement could not be recorded.

On 06.08.2013, the parties were present in the Court, therefore, they were directed to appear before the Director Secretary, Mediation and Conciliation Centre of this Court for getting their respective statements recorded in the present petition as well as the another petition bearing CRM-M-22769 of 2013 titled as Jawahar Lal Chug vs. The State of Haryana & Anr.

In compliance thereof, petitioner No. 1-Ram Parshad Makhija and respondent No. 2-complainant-Ritika Khurana, did appear before the learned court below and got recorded their respective statements with regard to the compromise. Respondent No. 2/complainant (Ritika Khurana) suffered the following statement:-

It is stated that I was got married with Sh. Ram Parshad Makhija on 02.05.2012. Subsequently on my complaint, FIR No. 261, dated 17.08.2012, under Sections 406, 498-A and 506 read with Section 34, IPC, was registered at Police Station, City Rewari and FIR No. 470, dated 15.11.2012 under Sections 294, 506 and 509, IPC was registered at Police Station, Model Town, Rewari. Now, on 1st July, 2013, a compromise has been effected between me and my in-laws i.e. my husband and other members of my in-laws. On 1st July, 2013, my statement was recorded before Hon''ble Mr. Justice Naresh Kumar Sanghi in CRM No. M-33428 of 2012. In terms of the compromise, I am ready to accept Bank Draft worth Rs. 6 lakhs from my husband. Today, I have received draft No. 001522, dated 05.08.2013 of HDFC Bank, Panipat in my favour as full and final settlement amount including maintenance. As per the compromise, I will withdraw cases under Sections 125 Cr.P.C. and under Domestic Violence Act. Also, as per compromise I have no objection if both the aforesaid FIRs be quashed and I will not pursue the same. It is further stated that the petition for divorce by mutual consent will be filed by myself and my husband, Ram Parshad Makhija who will withdraw divorce petition filed by him at Bhubaneswar, Orissa. The draft in question will be got encashed by me after my first statement would be recorded at the time of filing of mutual divorce petition and I shall remain present at the time of recording of my statement on second motion. The petition u/s 125 Cr.P.C. and Domestic Violence Act will be withdrawn by me prior to 13.08.2013 and the certified copies of the same will be supplied to the other side on 13.08.2013 when mutual divorce petition will be filed. I shall remain bound by my statement made today. In future, after this compromise, we will not litigate with each other over any issue.

Learned counsel for the petitioners submits that the present criminal litigation has arisen out of a matrimonial dispute and due to intervention of the respectable and the elderly people of the society, the private parties have sorted out their disputes and effected a compromise. He further submits that the statements of respondent No. 2-complainant, Ritika Khurana, and her husband, Ram Parshad Makhija (petitioner No. 1), have been recorded by the Director, Mediation and Conciliation Centre of this Court and in consonance with the compromise effected between the parties, a draft of Rs. 6,00,000/- has been handed over to respondent No. 2/complainant before the Director, Mediation and Conciliation Centre of this Court.

Learned counsel for the State, on instructions from ASI Ravinder Singh, Police Station, City, Rewari, admits the factum of compromise effected between the parties. He, after going through the statements and the report forwarded by the Director, Mediation and Conciliation Centre of this Court, submits that he has no objection if the impugned FIR and all the consequential proceedings arising therefrom are quashed.

Learned counsel for respondent No. 2/complainant very fairly concedes that a draft of Rs. 6,00,000/- has been received by respondent No. 2/complainant, Ritika Khurana, in consonance with the compromise effected between them. He further submits that he has no objection if the impugned FIR and all the consequential proceedings arising therefrom are quashed.

Heard.

The present criminal litigation has arisen out of a matrimonial dispute. Due to intervention of the respectable and the elderly people of the society, respondent No. 2/complainant Ritika Khurana has sorted out her disputes with her husband as well as in-laws and effected a compromise. In consonance with the compromise, a draft for a sum of Rs. 6,00,000/- has been handed over to her (respondent No. 2) by petitioner No. 1 before the Director, Mediation and Conciliation Centre of this Court. The report received from the Director, Mediation and Conciliation Centre of this Court, reveals that both the parties voluntarily made the statements with regard to the compromise. Taking into consideration the above facts, the chances of ultimate conviction of the petitioners are bleak, therefore, pendency of FIR and continuation of the trial would be a sheer abuse of the process of law. In view of the factum of compromise and the law laid down by Hon''ble the Supreme Court in B.S. Joshi and Others Vs. State of Haryana and Another, the present petition is allowed and FIR No. 261, dated 17.08.2012, under Sections 406, 420, 498-A and 506 read with Section 34, IPC, registered at Police Station, City, Rewari, and all the consequential proceedings arising therefrom are hereby quashed.