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Judgments of Supreme Court of India and High Courts

Sucheta And Ors vs State Of Punjab And Anr on 30 November, 2017

240 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CRM-M No.28153 of 2017
Date of decision: November 30, 2017

Sucheta and others ….Petitioners

Versus

State of Punjab and another ….Respondents

CORAM: HON’BLE MR. JUSTICE HARI PAL VERMA

Present: Mr. H.S. Randhawa, Advocate
for the petitioners.

Mr. M.S. Nagra, AAG, Punjab
for respondent No.1-State.

Mr. S.P. Garg, Advocate
for respondent No.2.

HARI PAL VERMA, J.(ORAL)

Prayer in this petition filed under Section 482 Cr.P.C. for

quashing of Criminal Complaint No.1 dated 08.01.2015 (Annexure P-1)

instituted at the instance of respondent No.2/complainant Ravinder Kumar.

Respondent No.2, who is the husband of petitioner No.1, has

filed a criminal complaint under Sections 323, 341, 351, 406, 451, 452,

506, 120-B IPC wherein vide order dated 07.02.2017, the trial Court has

summoned the petitioners to face trial for offence under Sections 323, 452,

506, 120-B IPC.

On 03.08.2017 this Court has passed the following order:-

“Learned counsel for the petitioners has argued that
the respondent-complainant has not approached the court
with clean hands. Though in his complaint filed under
Sections 323, 341, 351, 406, 451, 452, 506, 120-B IPC, he
has given his residence as Flat No.50, Ground Floor, Swami
Enclave, Dhakoli, but the report of the Process Server dated
14.04.2017 indicates that there is no Flat No.50, Ground

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Floor at Swami Enclave, Dhakoli. Since that house was not
in existence, the Process Server has sought for the correct
address of the complainant. He further states that even the
Naib Tehsildar, Zirakpur, vide his report dated 11.07.2017,
has also reported that in Swami Enclave, there are three
storey flats and flats are constructed on plot Nos.48 and 51,
whereas 49 and 50 are vacant plots. Therefore, he states that
there is no Flat No.50, Ground Floor at Swami Enclave,
Dhakoli, which doubts the very occurrence dated 21.10.2014
at 7.00 PM at the residence of the complainant.

Notice of motion for 20.09.2017.

Considering the nature of dispute between the parties,
the parties are directed to appear before the Mediation
Conciliation Centre of this Court, on 21.08.2017.

Till the mediation proceedings are pending, the trial
Court is directed to adjourn the case beyond the date fixed by
this Court”.

Pursuant to the aforesaid order, the parties appeared before the

Mediation and Conciliation Centre of this Court, where a

settlement/agreement has been arrived at between the parties.

As per the terms of agreement in Para 8, respondent-Ravinder

Kumar was required to pay an amount of Rs.4,50,000/- to petitioner No.1-

wife, as per the following schedule:-

(i) An instalment of Rs.1,50,000/- (Rupees One Lac Fifty
Thousand Only) shall be paid in the shape of demand draft
in the name of Sucheta at the time of making first statement
in the Court under Section 13-B of HMA in the divorce
petition.

(ii)An instalment of Rs.1,50,000/- (Rupees One Lac Fifty
Thousand Only) shall be paid in the shape of demand draft
in the name of Sucheta at the time of making final
statement in the divorce petition, as fixed by the Ld. Court.

(iii)An instalment of Rs.1,50,000/- (Rupees One Lac Fifty
Thousand Only) shall be paid in the shape of demand draft

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in the name of Sucheta at the time of making quashing
order in the petition filed for quashing of the above-
mentioned FIR by the Hon’ble High Court.”

In the settlement, petitioner No.1 was required to withdraw

petition filed under Section 125 Cr.P.C. and the complaint filed under

Domestic Violence Act. The parties were further required to file petition

under Section 13-B of the Hindu Marriage Act seeking divorce on mutual

grounds.

Para 10 of agreement, which is relevant, reads as under:-

“It has been further agreed between the parties that
the second party shall not oppose the present petition in view
of the compromise. The complaint case which is pending at
Derabassi against which the present quashing petition is
fixed for 30.11.2017 shall be got allowed by both the parties
by making statement or by filing affidavit as the case may be,
in view of the present compromise after both the cases
pending at Hoshiarpur i.e. petition under Section 125 Cr.P.C.
and appeal under Domestic Violence Act, are withdrawn and
the petition under Section 13-B HMA is filed and first
statement is recorded by the Ld. Court”.

Learned counsel for the petitioners states that pursuant to the

aforesaid agreement, petitioner No.1 has already withdrawn, the cases filed

under Section 125 Cr.P.C. and Domestic Violence Act.

Learned counsel for respondent No.2 states that in terms of the

settlement dated 22.11.2017 reduced into writing before the Mediation and

Conciliation Centre of this Court, respondent No.2 has paid the first

installment of Rs.1,50,000/- at the first motion stage of the petition filed

under Section 13-B of the Hindu Marriage Act and second motion is now

fixed for 29th May, 2018.

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Learned counsel for both the parties have made a statement at

bar that they have no objection in case present complaint is quashed in the

light of the settlement arrived at between the parties.

In view of the above and for the reasons stated in the

settlement/agreement and the statements so made by the respective

counsels, the present petition is allowed, the criminal complaint No.1 dated

08.01.2015, under Sections 323, 341, 351, 406, 451, 452, 506, 120-B IPC

(Annexure P/1) including summoning order dated 07.02.2017 (Annexure

P/2) are hereby quashed.

November 30, 2017 ( HARI PAL VERMA )
m. sharma JUDGE

Whether speaking/reasoned : Yes/No

Whether reportable : Yes/No

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