TILAK RAJ GANDHI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition under section 482 Cr.P.C has been filed for quashing of the FIR No. 272 dated 20.07.2010, under sections 498- A/406/506/34 IPC, registered at Police Station Old Faridabad, District Faridabad and all the subsequent proceedings arising therefrom on the basis of compromise, Annexure P-2.

(2.) A report, dated 03.12.2012, from the court of Addl. Chief Judicial Magistrate, Faridabad is received, wherein it has been noticed that the complainant Uma wife of Tilak Raj Gandhi has settled the dispute with her in-laws. Two accused namely Mamta Gandhi and Sunita Girdhar were discharged by the trial court. The matter was settled at Mediation Centre, Faridabad and settlement agreement has been arrived between the parties on 8.6.2012. The said compromise dated 8.6.2012, ( Annexure P-2) is on the record. A perusal of the compromise reveals that the complainant has settled the dispute with her in-laws. The parties have filed a petition under section 13-B of the Hindu Marriage Act 1955, in the Family Court at Faridabad. As per the agreement the petitioner Tilak Raj Gandhi would pay Rs. 2,10,000.00 to the complainant in lieu of full and final settlement as permanent alimony and future maintenance allowance etc. Complainant has received an amount of Rs. 1,05,000.00 on 3.7.2012 and the rest of the amount will be paid by the husband on the next date i.e. 4.1.2013. The complainant has no objection if the FIR lodged at her instance and the subsequent proceedings are quashed.

(3.) IN view of the above, this Court is of the opinion that no useful purpose would be served in continuing the proceedings. In view of the law laid down by Hon'ble the Apex Court in Gian Singh versus State of Punjab and another, 2012 (9) SCALE, 257 , this Court is competent to quash the proceedings on the basis of compromise. In para 57 of the judgment, it has been observed as under:-