YASHPAL SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY filing the abovementioned petitions petitioners- Yashpal Sharma, husband, Anuradha Vats, sister-in-law (Jethani) and Dharam Pal, brother-in-law (Jeth) of Usha, complainant (respondent No. 2) pray for quashing of FIR No. 149 of 2005 dated 20.4.2005 registered under Sections 498-A, 406, 323, 506 & 34 IPC at Police Station Udyog Vihar Gurgaon (Annexure P-1) together with all subsequent proceedings taken thereon on the basis of statements made by the complainant (Annexures P-2 & P-4 in Crl. M. No. 1217- M/2006) and hence both the petitions viz. Crl. Misc. No. 1217-M of 2006 and Crl. Misc. No. 25037-M of 2005 are being disposed of by this common order.

(2.) IT is alleged in Crl. Misc. No. 1217-M of 2006 that complainant was married to petitioner-Yashpal according to Hindu rites and ceremonies on 13.11.2000. On 20.4.2005, respondent No. 2 lodged a complaint with SHO, Police Station Udyog Vihar Gurgaon against the petitioners making allegations of demanding money and maltreatment. The said complaint led to registration of aforesaid FIR. It is further alleged that on 20.5.2005 during the course of hearing of anticipatory bail application of petitioner husband, respondent No. 2 made a statement (Annexure P-2) before Additional Sessions Judge, Gurgaon that allegations made in the FIR were false and she wanted to withdraw the case. The husband petitioner also preferred a divorce petition under Section 13 of the Hindu Marriage Act for dissolution of marriage by a decree of divorce. Subsequently, on the basis of compromise reached between the parties, petitioner withdrew the said petition vide order of the Additional Sessions Judge, Gurgaon dated 13.9.2005 (Annexure P-3). Respondent No. 2 complainant also made a statement (Annexure P-4) before the Additional Sessions Judge, Gurgaon that there was no dispute and tension in their matrimonial life and she would help in dropping the proceedings initiated vide FIR No. 149/05 under Sections 498A, 406/506/323/34 IPC, P.S. Udyog Vihar, Gurgaon.

(3.) ADMITTING the factum of compromise having been effected between the parties, complainant has stated in her statement recorded in court today, separately, that over some petty domestic matter she got enraged with her husband and his family members and recorded the FIR in question. Later on, with the intervention of her relatives friends and well-wishers, she sorted out the differences and that she does not want to pursue the matrimonial dispute. While praying for quashing of FIR, the complainant has also stated that she has made the statement out of her free will and without any coercion or duress.