Vijender and Others vs State of Haryana and Another

Rekha Mittal, J.—Mr. Manoj Kumar, Advocate has put in appearance on behalf of the complainant/respondent No. 2. Affidavit of respondent No. 2 filed in Court is taken on record.

Through the present petition filed u/s 482 Cr.P.C., the petitioners have prayed for quashing of FIR No. 179 dated 17.05.2013 for offence punishable under Sections 498A, 323, 406, 506 IPC, registered at Police Station Tauru, District Mewat and proceedings emanating therefrom, on the basis of compromise dated 03.06.2013 (Annexure P2), arrived at between the parties.

In the instant case, the FIR was registered on the statement of complainant/respondent No. 2 Nisha daughter of Subash Chand wife of Vijender. Now the matter has been amicably settled between the parties, vide compromise deed dated 03.06.2013 (Annexure P2).

The complainant/respondent No. 2 Nisha daughter of Subash Chand wife of Vijender is present in Court along with her counsel. Her statement was recorded in the Court. An extract from her statement is quoted thus:-

I lodged FIR No. 179 dated 17.05.2013 under Sections 498A, 323, 406 and 506 IPC, Police Station Tauru, District Mewat against the petitioners. A compromise has been effected between me and the petitioners and by virtue of this compromise, I had started living with my husband in the matrimonial home. I have filed my affidavit in the Court today and the same may be read as part of my statement. I have entered into this compromise voluntarily without any coercion, undue influence or misrepresentation. I have got no objection, if the aforesaid FIR and the proceedings emanating therefrom are quashed.

Counsel for the petitioners submits that as the parties have amicably settled their differences by way of compromise, no useful purpose would be served by the continuation of the criminal proceedings.

Counsel for the State of Haryana has not disputed correctness of the contention of the petitioners that the parties have arrived at an amicable settlement.

I have heard counsel for the parties and perused the records.

Indisputably, the parties voluntarily, without any coercion, misrepresentation and undue influence, have entered into a compromise and the complainant has decided not to proceed with the matter any further in the interest of their peaceful living and harmony.

Keeping in view the authoritative enunciation of law laid down by this Court in Kulwinder Singh and Others Vs. State of Punjab and Another, and Hon''ble the Supreme Court in Madan Mohan Abbot Vs. State of Punjab, and Gian Singh Vs. State of Punjab and Another, , and in the light of facts and circumstances of the present case, this Court is of the considered opinion that continuation of criminal proceedings would tantamount to abuse of process of law and it is expedient in the interest of justice that criminal proceedings are put to an end. In this view of the matter, the petition is allowed and FIR No. 179 dated 17.05.2013 for offence punishable under Sections 498A, 323, 406, 506 IPC, registered at Police Station Tauru, District Mewat and proceedings emanating therefrom stand quashed.