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Sushil Kaushik vs State Of Haryana And Anr on 7 October, 2019

CRM-M-3607-2019 (OM) -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

CRM-M-3607-2019 (OM)
Date of decision : 07.10.2019

Sushil Kaushik

…Petitioner

Versus

State of Haryana and another

…Respondents

CORAM: HON’BLE MR. JUSTICE ANIL KSHETARPAL

Present: Mr. Parveen Gupta, Advocate for the petitioner.

Mr. Saurabh Mohunta, DAG, Haryana.

****

ANIL KSHETARPAL, J. (ORAL)

In spite of service of notice of this petition, respondent No.2

is not present.

Prayer in the present petition is for quashing of FIR No.0494

dated 09.08.2015 registered under Sections 498-A, Section323, Section406, Section506 and Section34

of the Indian Penal Code at Police Station Sector 5, Gurgaon, Haryana.

Learned counsel for the petitioner points out that the

aforesaid FIR is result of matrimonial discord between the parties. He

draws attention of the Court to the settlement deed Annexure P-1 dated

25.10.2018 arrived at between first informant and the petitioner. As per

the aforesaid settlement, it was agreed that respondent No.2 shall get the

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CRM-M-3607-2019 (OM) -2-

criminal prosecution launched pursuant to the FIR No.494 dated

09.08.2015 quashed. Relevant part of Clause 12 (e) is extracted as under:-

“The second party shall also take necessary steps
including filing of quashing petition and/or other
applications needed to terminate the FIR bearing No.0494
dated 09.08.2015, P.S. Sector-5, Gurgaon for offences
punishable under Section 498A/Section323/Section406/Section506/Section34 IPC
against party No.1 and his family members. All the
allegations made in the above FIR shall be
unconditionally withdrawn by the second party/wife.”

Learned counsel for the petitioner has also drawn attention of

the Court to the order passed by the Family Court, Gurugram dated

25.10.2018 dissolving the marriage by mutual consent. In the aforesaid

order, reference is to the settlement deed. Order passed by the Family

Court is extracted as under:-

“I have compromised the matter with the petitioner.
We have decided to dissolve our marriage by mutual
consent. We have executed a settlement deed (Ex.C1)
which is duly signed by me and the petitioner. Copy of the
settlement deed has been produced on the court file. We
will file a joint petition under Section 13B of Hindu
Marriage Act for dissolution of our marriage by mutual
consent. I have received a cheque bearing No.618549
dated 25.10.2018 for Rs.46,90,000/- in my favour. In the
said cheque a sum of Rs.1,90,000/- is also included which
was arrears of maintenance till October 2018. I have
received another cheque No.618548 dated 25.10.2018
favouring my daughter Amaira under my guardianship.”

Learned counsel for the State has no objection to quashing of

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the criminal prosecution.

Keeping in view the facts of the case, this Court is of the

view that the continuation of proceedings shall result in abuse of the

process of the Court particularly when the parties have already settled

their dispute and have got their marriage dissolved through mutual

consent. Hence, FIR No.0494 dated 09.08.2015 registered under Sections

498-A, Section323, Section406, Section506 and Section34 of the Indian Penal Code at Police Station

Sector 5, Gurgaon, Haryana and subsequent proceedings are quashed.

Accordingly, the present petition is allowed.

07.10.2019 (ANIL KSHETARPAL)
Pawan JUDGE

Whether speaking/reasoned:- Yes/No

Whether reportable:- Yes/No

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