SANJIV KUMAR GARG Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition has been filed by petitioners Sanjiv Kumar Garg, Niranjan Lal Garg and Anju Rani under Section 482 Cr.P.C. for quashing of FIR No.71 dated 4.2.2011 (Annexure -P.1) registered on the complaint of Madhu -complainant (respondent No.2) for the offences under Sections 498 -A, 406 and 506 IPC at Police Station Yamuna Nagar City, District Yamuna Nagar and all other subsequent proceedings arising therefrom on the basis of compromise dated 16.8.2013 (Annexure -P.2). The marriage between petitioner No.1 Sanjiv Kumar and respondent No.2 Madhu was solemnized on 23.7.2010 according to Hindu rites and ceremonies. Due to different temperaments and inability to adjust and accept each other's behaviour, bickering and fighting, matrimonial dispute arose between the parties and FIR No.71 dated 4.2.2011 was got registered by complainant -respondent No.2 for the offences under Sections 498 -A, 406 and 506 IPC against the petitioners. Now due to the efforts made in Mediation and Conciliation Centre, the parties have entered into a compromise dated 16.8.2013 (Annexure -P.2) and the husband and wife have decided to seek dissolution of their marriage by mutual consent by filing petition for divorce under Section 13 -B of Hindu Marriage Act.

(2.) ON 19.11.2013, learned Chief Judicial Magistrate, Yamuna Nagar was directed to send a report with regard to the genuineness/ validity or otherwise of the compromise (Annexure -P.2) after recording the statements of all the concerned parties.

(3.) IN compliance of the above, the learned Chief Judicial Magistrate, Yamuna Nagar has sent his report vide letter dated 2.1.2014, wherein statements of complainant Madhu and accused -petitioners Sanjiv Garg, Niranjan Lal Garg and Anju Rani have been recorded. It has been submitted in the report that complainant Madhu has compromised the matter with accused -petitioners and compromise dated 16.8.2013 has been entered into between them. The complainant has stated that she does not want to pursue the present case against the petitioners and has no objection if this FIR is quashed.