PANKAJ AHLUWALIA Vs. STATE OF HARYANA & ANOTHER

JUDGEMENT

(1.) Prayer in this petition is for quashing FIR No.403, dated 16.8.2005, under Sections 406, 498-A and 506, IPC, registered at Police Station, Civil Lines, Karnal, and all the consequential proceedings arising therefrom, on the basis of compromise.

(2.) The brief facts of the case are that respondent No.2 complainant had lodged the impugned FIR against the petitioner husband, mother-in-law and brother-in-law (Devar). Since the petitioner was not available in India at the time of registration of the case, therefore, the chargesheet was filed against the motherin-law and brother-in-law only. Better sense prevailed and respondent No.2 complainant proposed not to depose against the mother-in-law and brother-in-law, therefore, the learned trial court acquitted them, however, the proceedings remained pending against the petitioner-husband since he was declared as a proclaimed offender at the request of the investigating agency. Now, the petitioner has come back to India after several years and started living with the wife (respondent No.2) and three children. The petitioner and respondent No.2 have resolved their all disputes and started leading a new life.

(3.) Learned counsel for the petitioner submits that without following the procedure laid down under Sections 82 and 83 Cr.P.C., the petitioner was declared as a proclaimed offender. He was never served by the process serving agency with regard to pendency of the case. He further submits that better sense has prevailed and now the petitioner has started living with his wife and three adolescent children. He further submits that equally, better sense prevailed on respondent No.2 complainant and she did not appear as a witness in the case pending against her mother-in-law and brother-inlaw.