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2022 DIGILAW 1380 (MP)

Gurpreet Kaur Khanuja v. State of M. P.

2022-11-22

RAJEEV KUMAR SHRIVASTAVA

body2022
ORDER 1. Petitioner- wife Gurpreet Kaur Khanuja and respondent – husband Gagandeep Khanuja, are present in person before this Court. 2. These petitions under section 482 of the Code of Criminal Procedure have been filed for recalling the joint order dated 5.9.2019 passed in M.Cr.C. No. 7614/2019 and M.Cr.C. No.9692/2019, which were disposed of on the basis of compromise arrived at between the parties as under:- “Considering the aforesaid and the fact that the petitioners and the complainant/respondent No.2 have amicably resolved the issue and the offences being compoundable with the permission of the Court, this Court allows these MCRCs with the following directions :- 1. FIR registered at Crime No.895/2018 on 8.12.2018 by Police Station Guna Kotwali, District Guna, alleging offences punishable under sections 498A, 34 of I.P.C. against the petitioners is hereby quashed. 2. All the consequential proceedings flowing out of the said FIR also stand quashed. Misc. Cri. Cases No.7614/2019 and 9692/2019 stand disposed of. No order as to cost.” 3. It is submitted by learned counsel for the petitioner that the petitioner is the wife of Gagandeep Khanuja (respondent No.2 in M.Cr.C. No.30389/2022) and earlier vide order dated 05/09/2019 passed in M.Cr.C. No.7614/2019 and M.Cr.C. No.9692/2019, the FIR lodged against the respondents was quashed on the basis of compromise arrived at between the parties, as the husband had stated that he will keep his wife and daughter in his house with full care and attention and will perform all the obligation on his part. After that, the petitioner and her daughter were kept well for sometime only and thereafter, cruelty and harassment of the husband of the petitioner and his in-laws again started and petitioner is being beaten daily. It is further submitted by learned counsel for the petitioner that the petitioner has even installed the CCTV cameras inside the house and thereby violating the privacy of the petitioner and causing undue harassment to her, thereby respondent breached the undertaking given by him. Hence, learned counsel for the petitioner prays for recalling of order dated 5.9.2019 passed in M.Cr.C. No.7614/2019 and M.Cr.C. No.9692/2019 and also prayed that the accused persons be tried for offence under dections 498-A, 34 of IPC which was registered at Crime No.895/2018 at Police Station Kotwali, District Guna (M.P.). 4. Hence, learned counsel for the petitioner prays for recalling of order dated 5.9.2019 passed in M.Cr.C. No.7614/2019 and M.Cr.C. No.9692/2019 and also prayed that the accused persons be tried for offence under dections 498-A, 34 of IPC which was registered at Crime No.895/2018 at Police Station Kotwali, District Guna (M.P.). 4. Per contra, learned counsel for the respondents/ accused persons vehemently opposed the petitions and submitted that the allegations made by the petitioner are baseless. The respondent – husband has requested his wife only to change his job, as she is employed in a school and that is the only issue between the parties. Hence, prayed to dismiss the petitions. 5. Heard learned counsel for the parties and perused the documents available on record along with the petitions. 6. On perusal of record, it is apparent that vide order dated 5.9.2019 passed in M.Cr.C. No.7614/2019 and M.Cr.C. No.9692/2019, the impugned FIR bearing No.895/2018 registered at Police Station Guna Kotwali, District Guna (M.P.) against the accused persons, was quashed on the basis of compromise arrived at between the parties and taking into consideration the undertaking given by the respondent/husband. 7. Both the parties are present in person before this Court. On examining and cross-examining the parties, it reflects that the version made by the petitioner is true and behaviour of respondent – husband with his wife before this Court is also not appropriate. It is also evident from the arguments advanced by learned counsel for the parties as well as documents available on record that the husband and in-law of the petitioner are again harassing the petitioner physically a well as mentally. Therefore, this Court deems it appropriate to recall the impugned order. 8. Accordingly, order dated 5.9.2019 passed in M.Cr.C. No. 7614/2019 and M.Cr.C. No.9692/2019 is recalled and FIR bearing No.895/2018 registered at Police Station Guna Kotwali, District Guna (M.P.) for offence under sections 498-A, 34 of IPC, is hereby restored and Superintendent of Police, Guna (M.P.) is directed to proceed further and investigate the matter in accordance with law. 9. Consequently, both the petitions are disposed of in above terms. 10. Let a copy of this order be sent to the concerning Police Station as well as Superintendent of Police, Guna (M.P.).