LAWS(P&H)-2014-2-425

PARVEEN SAINI Vs. STATE OF HARYANA

Decided On February 19, 2014
Parveen Saini Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) THIS petition has been filed by petitioners Parveen Saini, Jagdish Parshad Saini and Manju Saini under Section 482 Cr.P.C. for quashing of FIR No.267 dated 4.5.2013 (Annexure -P.1) registered on the complaint of Rameshwari -complainant (respondent No.3) for the offences under Sections 498 -A, 406 and 34 IPC and Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act 1989 at Police Station Sadar Gurgaon, District Gurgaon and all other subsequent proceedings arising therefrom on the basis of compromise dated 23.7.2013 (Annexure -P.2).

(2.) THE marriage of complainant -respondent No.3 was solemnized with Parveen Saini (petitioner No.1) on 15.5.2010. It was a love and inter -case marriage between the parties, which was solemnized like arranged marriage and the father of the complainant had spent approximate Rs. 20 Lacs on the marriage. After some time of the marriage, the complainant came to know that the family members of Parveen were not happy with this marriage because they often told that he had degraded their reputation as he got married with a girl of lower caste. Due to differences, matrimonial dispute arose between the parties and the above mentioned FIR was got registered. During the course of proceedings for grant of anticipatory bail, the case was referred to the Mediation and Conciliation Centre of this Court, where a compromise was arrived at between the petitioners and the complainant. On the basis of the said compromise, a petition for grant of decree of divorce under Section 13 -B of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') has been filed jointly, where the joint statement of the parties on the first motion was recorded by the Family Court on 31.7.2013. The complainant -respondent No.3 is present in the Court. Rameshwari -complainant stated that a compromise dated 23.7.2013 (Annexure -P.2) has already been effected between the parties before the Mediation and Conciliation Centre of the High Court and she has received Draft of Rs. 5 Lacs as per the settlement before the Mediation and Conciliation Centre of this Court and she has no objection, if the FIR and further proceedings are quashed. She also stated in the Court that joint petition under Section 13 -B of the Act has already been filed for seeking divorce by mutual consent.

(3.) LEARNED Additional Advocate General, Haryana, on instructions from the Investigating Officer, and learned counsel for the complainant -respondent No.3 admit the factum of compromise and have no objection if the impugned FIR and all other subsequent proceedings arising therefrom are quashed.