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Arun Sharma And Ors vs State Of Haryana And Others on 30 April, 2019

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

151 CRM-M-12692-2019
Date of Decision : April 30, 2019

ARUN SHARMA AND ORS

…..Petitioners

VERSUS

STATE OF HARYANA AND OTHERS
…..Respondents

CORAM: HON’BLE MS. JUSTICE NIRMALJIT KAUR

Present : Mr. Vipin Gogia, Advocate
for the petitioners.

Mr. Ashish Yadav, Addl. Advocate General, Haryana.

Mr. Manish Prabhakar, Advocate
for respondent No.2.

Mr. V.K.Kaushal, Advocate
for respondents No.3 and 4.

NIRMALJIT KAUR, J. (Oral)

The present petition under Section 482 of the Code of

Criminal Procedure is filed for quashing of the FIR No. 144 dated

2.4.2013 under Sections 323, Section498-A, Section506 IPC, registered at Police Station

Sector-5, Panchkula.

The said petition under Section 482 of the Code of Criminal

Procedure for quashing of the above mentioned FIR has been filed on the

basis of a compromise arrived at between the parties. The FIR was

registered at the instance of complainant-respondent No.2-Shruti Dhingra

@ Shruti Sharma, who is the wife of petitioner No.1. The said FIR is an

outcome of matrimonial discord between petitioner No.1-husband and

respondent No.2-wife. The contempt petition No.2287 of 2015 came to

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be filed by Shruti Dhingra @ Shruti Sharma-respondent No.2. During

the pendency of the said contempt petition, a compromise was effected

between the parties. Accordingly, the said contempt petition was

disposed of by this Court on 18.12.2018 with the following directions:-

“(1) Petitioner-Shruti Sharma shall also move an
appropriate application allowing the petition pending for
setting aside the order dated 20.11.2013 passed by CJM,
Panchkula, titled as SectionShruti Sharma vs. Arun Sharma and
others, in view of the settlement arrived at between the
parties. On moving such application by the petitioner,
order passed under the SectionDomestic Violence Act shall be set
aside subject to payment of Rs.65 lakhs by way of demand
draft, in favour of petitioner-Shruti Sharma, which shall be
handed over to the petitioner simultaneously in the Court.

(2) An appropriate application/petition for
quashing of FIR bearing No. 144 dated 02.04.2013 under
Sections 323/Section498-A/Section406 and Section506 IPC registered at Police
Station Sector 5, Panchkula or an appropriate application
for acceptance of cancellation report, shall also be moved
by the parties within one month of the setting aside the
order dated 20.11.2013 passed under the SectionDomestic
Violence Act. The second installment of Rs.60 lakhs shall
be paid by respondent No.1 or respondent No2, as the case
may be, at the time of quashing of FIR bearing No. 144
dated 02.04.2013 under Sections 323/Section498-A/Section406 and Section506
IPC registered at Police Station Sector 5, Panchkula. It is,
however, clarified that quashing of FIR/acceptance of
cancellation report will be subject to handing over of the
demand draft of Rs.60 lacs, to the petitioner.

(3) Both the parties shall move an appropriate
application for converting the divorce petition filed under

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Section 13 of the Hindu Marriage Act into Section 13-B of
the Hindu Marriage Act. Thereafter, both the parties shall
appear before the concerned Court for first motion hearing
on the date so fixed by the concerned Court.

Respondent No.1 or respondent No.2, as the case
may be, shall hand over the demand draft of Rs.60 lakhs to
the petitioner on the first motion hearing of the divorce
petitioner under Section 13-B of the Hindu Marriage Act.

(4) Rs.40 lakhs, which is deposited with the
Registrar (General) of this Court, shall be released
immediately to the petitioner on an order of finalization of
the divorce petition under Section 13-B of the Hindu
Marriage Act, being produced before the Registrar
(General) of this Court.

(5) Both the parties shall withdraw all the case
filed/registered against each other.”

Thereafter, in pursuance to the said compromise, an

application for setting aside the judgment and order dated 20.11.2013

passed by the CJM, Panchkula under Section 12 of the Domestic

Violence Act was filed. The same was set-aside by the CJM, Panchkula

vide order dated 31.1.2019 and respondent No.2 accordingly received the

demand draft of Rs.65 lacs as per the said compromise.

Accordingly, the quashing petition has also been moved in

pursuance to the same compromise. When the matter was listed on

12.4.2019, the parties were present in person. Learned counsel for

respondent No.2 requested for time to file affidavit in terms of the

compromise entered between the parties. Today, the parties are, once

again, present in the Court with their respective counsel. An affidavit of

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respondent No.2-Shruti Dhingra @ Shruti Sharma wife of Arun Sharma

and daughter of Mohan Lal Dhingra has been filed stating therein in para

No.7 stated that she has no objection if the FIR mentioned above is

quashed. It is also stated in the said affidavit that respondent No.2 has no

objection if the application filed by her before the Office of the Ministry

of External Affairs and the Regional Passport Office, Chandigarh are

treated as withdrawn or cancelled and nor does she have objection if the

Regional Passport Office, Chandigarh restores/renews the Indian Passport

of petitioner No.1-Arun Sharma and same is dispatched to his address,

with the further undertaking in the affidavit that respondent No.2 has no

objection if the look out notice, if any, issued against petitioner No.1,

namely, Arun Sharma is also withdrawn and cancelled. Respondent No.2

also has no objection if the deportation proceedings initiated against

petitioner No.1-Arun Sharma are dropped or set-aside in view of the

compromise having been arrived at between the parties.

Respondent No.2, who is present in the Court admits that the

affidavit dated 17.4.2019 placed on record has been duly signed by her.

It is further stated by learned counsel for the respondents that the

respondent has no objection if the said FIR is quashed in terms of the said

compromise.

In view of the order passed by this Court on 18.12.2018 P-2

on the basis of the compromise as well as taking into account the

affidavit dated 17.4.2019 filed before this Court as also the stand of the

learned counsel for the respondents as well as respondent No.2 herself

before this Court the compromise arrived at between the parties is indeed

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genuine and the same has been arrived at between the parties without any

pressure. Moreover, the petitioners in pursuance to the said compromise

have also brought two demand drafts of Rs.28 lacs and Rs.32 lacs, copies

of which are being retained on the record of this Court. The said demand

drafts are handed over to respondent No.2, who is present in the Court.

She has duly received the said demand drafts. Hence, there is no

inhibition before this Court to quash the FIR especially taking into

account that the said FIR arises out of a matrimonial dispute.

In view of the above (a) FIR No. 144 dated 2.4.2013 under

Sections 323, Section498-A, Section506 IPC, registered at Police Station Sector-5,

Panchkula as well as all the proceedings arising out of the FIR stand

quashed.

Learned counsel for respondent No.3 has also stated before

this Court that in view of the FIR having been quashed, they shall recall

the deportation proceedings initiated against petitioner No.1 as well as

the look notice, if any.

(b) It is, therefore, directed that the application filed by

respondent No.2-Shruti Dhingra @ Shruti Sharma before the office of

Ministry of External Affairs and the deportation proceedings initiated

against petitioner No.1, namely, Arun Sharma shall stand withdrawn and

no action shall be taken in pursuance to the said application or the

deportation proceedings.

(c) The Regional Passport Officer, Chandigarh shall also

restore the new Indian Passport to Arun Sharma in terms of the

compromise and the affidavit filed before this Court.

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(d) Both the parties shall remain bound by the compromise

arrived between the parties.

It is, however, clarified that in case the failure of petitioner

No.1 to move an appropriate application under Section 13-B of the Hindu

Marriage Act or the failure of petitioner No.1 to make appropriate

statement before the concerned Court for the grant of divorce, the

respondent No.2 will be at liberty to move an appropriate application

before this Court for revival of the present Criminal Miscellaneous

application and the learned counsel for the petitioners states that they will

not raise any objection with respect that the same cannot be recalled as

per law. Petitioner No.1 shall not raise the objection that the same is not

permissible under the law. It is also clarified that respondent No.2 shall

also cooperate in moving the appropriate application under Section 13-B

of the Hindu Marriage Act.

Allowed in above terms.

( NIRMALJIT KAUR )
April 30, 2019 JUDGE
ajay-1
Whether speaking/reasoned. : Yes/No
Whether Reportable. : Yes/No

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