Shanti Devi vs State of Haryana

B. Rai, J.—This petition u/s 482, Criminal Procedure Code has been filed with a prayer to quash FIR No. 211 dated 24.5.1986, registered under Sections 498-A1/406, Indian Penal Code registered in police station, Ambala Cantt. challan u/s 173, Criminal Procedure Code and all proceedings taken in this matter pending before the Judicial Magistrate, Ambala Cantt.

Brief facts of the case are that complainant Om Prakash Bhardwaj respondent No. 2 made a complaint before the police on the basis of which formal FIR No. 211 dated 24.5.1986 under Sections 498A/406, Indian Penal Code was registered in Police Station Ambala Cantt. Annexure P1 Smt. Neelam, daughter of the complainant Om Parkash was married to Kuldeep Sharma in September, 1983. It is alleged that Kuldeep Sharma and his mother started maltreating Smt. Neelam for want of cash from him. Neelam was asked to bring Rs. 10,000/- from her parents otherwise he would not keep her with him. It was further alleged that on 27.10.1985 Neelam was sent to Om Parkash complainant. On 24.11.1985 petitioners came to the house of Om Parkash alongwith one Jaideep for the money. Ultimately Kuldeep Sharma took alongwith Neelam on 27.11.1985 with him to Delhi. Thereafter, she was tortured for three days. Ultimately on 1.12.1985, Kuldeep Sharma strangulated Neelam to death and abconded. It was further alleged that articles mentioned in the list including jewellery were given to Neelam at the time of her marriage which have been kept by her in-laws in Kothi No. 48, Durga Nagar, Ambala Cantt. According to Om Parkash, the articles being the Istridhan of his daughter, her in-laws had no right to retain the same.

After investigation, the challan Annexure P2 was presented before the Judicial Magistrate, 1st Class. Ambala Cantt on 12.6.1989. It has been pleaded by the petitioners that in the instant case they are facing the agony of trial for the last more than 11 years. Therefore, the proceedings against them are liable to be quashed. It is further pleaded that the petitioners have compromised the matter with Om Parkash complainant. As per the compromise, it has been settled that the dowry articles which were given to the petitioners by Om Parkash have been recovered by the police and are now in the possession of the complainant and that the petitioners undertook not to make any claim with regard to those articles. That compromise is annexed as Annexure P3 with the petition. The offence under Sections 498A/406, Indian Penal Code being non-compoundable even with the permission of the Court, the learned Magistrate declined the application for compounding the offence and fixed the case for prosecution evidence which led the petitioner to file the present petition.

In response to the notice of motion, Om Parkash respondent No. 2 put in appearance in person. He expressed that the matter has been compromised between the parties and he is not interested in pursuing the criminal proceedings pending in the Court of Judicial Magistrate, 1st Class, Ambala Cantt. His statement has been separately recorded which reads as under :

"My daughter Neelam was married to Kuldeep Sharma in September, 1983. Two-three months after the marriage, the relations became strained between Neelam and her husband Kuldeep Sharma, petitioner No. 2. The differences between husband and wife could not be patched up even on the intervention of relatives and friends. I made a complaint to the police of Police Station Ambala Cantt on the basis of which FIR No. 211 dated 24.5.1986 under Sections 498A, 406, Indian Penal Code was registered in the said police station. After investigation, report u/s 173, Criminal Procedure Code was filed in the Court. That case is pending in the Court of Judicial Magistrate 1st Class, Ambala Cantt. Now on the intervention of our relations and common friends, all the disputes have been settled. We want to lead a peaceful life. I - do not want to pursue the criminal case pending against the petitioners, as I am not inclined to make a statement in support of the allegations contained in the complaint on the basis of which FIR No. 211 dated 24.5.1986 was registered. A compromise was reduced into writing. That compromise was signed by Kuldip Sharma, Jaideep Sharma and myself on November 18,1997 and other respectables. True copy of the said compromise is Annexure P3 and is correct. In view of this compromise, I have no objection if the FIR No. 211 dated 24.5.1986 is quashed and further proceedings in the matter are quashed."

Admittedly, the criminal proceedings are pending in the Court of Judicial Magistrate, 1st Class, Ambala Cantt for the last more than 11 years. The parties on the intervention of their relations and friends have sorted out all their disputes and they want to lead a peaceful life especially when the complainant is not inclined to pursue the criminal case and is not willing to make a statement in support of the allegations contained in the FIR Annexure P1. In these circumstances, if criminal proceedings are permitted to go on, it would neither be in the interest of the parties nor in the public interest and it would tantamount to abuse of process of law. Therefore, I am of the view that FIR No. 211 dated 24.5.1986 under Sections 498A, 406, Indian Penal Code registered at Police Station, Ambala Cantt. Annexure P1 and all other subsequent proceedings should not be quashed and that would serve the ends of justice. I order accordingly.