JAGBIR Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) Concisely, the facts and material, culminating in the commencement, relevant for disposal of instant petition and emanating from the record are that, in the wake of complaint of complainantShakuntala, daughter of Om Parkash, respondent No.2(for brevity "the complainant"), a criminal case was registered against the petitioneraccused Jagbir, by means of FIR No.352 dated 24.12.2006(Annexure P- 1), for the commission of offence punishable under Sections 498-A and 406 IPC, by the police of Police Station Sadar Dadri, District Bhiwani.

(2.) Aggrieved by the registration of the criminal case, the petitioner preferred the present petition, to quash the impugned FIR (Annexure P-1) and all other subsequent proceedings arising therefrom, invoking the provisions of Section 482 Cr.P.C., inter alia, pleading that his marriage was solemnized with the complainant on 01.04.2005, according to the Hindu Rites and Ceremonies. After solemnization of the marriage, they resided and cohabited as a husband and wife as per their satisfaction and a male child, namely, Bhupinder was born out of the said wedlock. It was claimed that after some time, due to some misunderstanding between the parties, the complainant has lodged a complaint(Annexure P-2), which formed the basis of FIR(Annexure P-1) against the petitioner-accused.

(3.) The petitioner claimed that now they have removed all their misunderstandings. They have already resumed cohabitation since November, 2009. The complainant is now happily residing with the petitioner in her matrimonial home. After resumption of cohabitation, they were blessed with another male child, namely, Kanhaiya in the month of September, 2010. In all according to the petitioner that, they have amicably settled their all disputes and the complainant is happily residing with him. On the strength of aforesaid grounds, the petitioneraccused sought to quash the impugned FIR(Annexure P-1) and all other subsequent proceedings arising therefrom, in the manner depicted hereinabove.