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2001 DIGILAW 204 (PNJ)

Satyender Panwar v. State Of Haryana

2001-02-13

AMAR DUTT

body2001
Judgment Amar Dutt, J. 1. The petitioners seek the quashing of FIR No. 274 dated 8.5.1998 registered under Sections 498-A and 406 IPC in Police Station Sector-5, Panchkula. The marriage of Satyertder Panwar who is an Assistant Commandant in Border Security Force was solemnised with Smt. Neetu, Respondent No. 2 on 12.4.1997 but owing to difference of temperament and ideology the couple could not pull on together and stared living apart with the result FIR No. 274 dated 8.5.1998 was registered in Police Station Sector-5 Panchkula at the behest of Respondent No. 2. The petitioners claim that the investigation has been completed and all articles of gifts and Istridhan have been returned to respondent No. 2 who has also been given Rs. 4.70 lacs with the intervention of friends and relatives. The parties are stated to have effected a compromise and their marriage has been dissolved through a decree of divorce by mutual consent on 3.1.2000. In view of this as the petitioners have resolved all their disputes and according to the compromise Respondent No. 2 was required not to press the case which was registered at her behest, it is prayed that FIR No. 274 dated 8.5.1998 be quashed. 2. After completion of service Mr. Pardeep Bedi, Advocate put in appearance on behalf of respondent No. 2 and stated that his client did not want to file any reply. 3. In the reply filed by the State it is admitted that the articles of dowry have been returned by the petitioners in the presence of the police. Assertions regarding the parties having resolved their disputes and having made a statement of this effect before the Matrimonial Court are denied for want of knowledge. 4. I have heard Mr. Rajesh Kumar Sharma, Advocate learned counsel for the petitioners, Mr. Rajesh Bhardwaj, Assistant Advocate General, Haryana and Mr. Pardeep Bedi, Advocate learned counsel for Respondent No. 2. 5. The present case is an outcome matrimonial disharmony which came into existence between Satyender Panwar Petitioner No. 1 and Smt. Neetu, Respondent No. 2 soon after the marriage and they were not able to resolve their differences. It is apparent that they have decided to part company and to obtain divorce by mutual consent. 5. The present case is an outcome matrimonial disharmony which came into existence between Satyender Panwar Petitioner No. 1 and Smt. Neetu, Respondent No. 2 soon after the marriage and they were not able to resolve their differences. It is apparent that they have decided to part company and to obtain divorce by mutual consent. In the statement made by the parties before the Matrimonial Court reference has been made to the criminal proceedings as also to the fact that the wife had agreed not to proceed in criminal case. In these circumstances when the factum of compromise is not disputed by the counsel for respondent No. 2, there seems to be real possibility of the successful culmination of any criminal proceedings that may be initiated against the petitioner and any attempt to flog the dead horse would not yield any result. 6. For the reasons recorded above, the petition is accepted and the FIR No. 274 dated 8.5.1998 under Sections 498-A and 406 IPC registered at Police Station Sector-5, Panchkula and subsequent proceedings are quashed.