NAND LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition has been filed under Section 482 of the Code of Criminal Procedure (for short 'the Code') for quashing First Information Report No. 199 dated 20. 5. 1992 recorded at Police Station Tahana, District Hisar for the offences under Sections 498-A, 506, 34 of the Indian Penal Code, on the basis of a complaint made by respondent No. 2 and forwarded by the Judicial Magistrate for enquiry.

(2.) A marriage between Nand Lal petitioner No. 1 and Smt. Janki Devi respondent No. 2 was performed according to Hindu rites at Tohana on 14. 10. 1984. The parties lived and cohabited as husband and wife and out of this wedlock a son was born. Petitioner No. 2 is the father, Smt. Ram Pyari petitioner No. 3 is the mother, Sat Pal and Govind Lal petitioners No. 4 and 5 are the brothers, Miss Indu Bala petitioner No. 7 and Kanchan petitioner No. 8 are the sisters of petitioner No. 1, Mira Devi petitioner No. 6 is wife of petitioner No. 4 and petitioner No. 9 is the husband of the sister of the petitioner. It has been alleged that the petitioners were not happy with the dowry brought by respondent No. 2. They started taunting her after a few days of the marriage. Petitioners No. 2 and 9 used to instigate petitioner No. 1 who started beating respondent No. 2 and used to leave her at her parents' house. At the request of the petitioners, father of respondent No. 2 made efforts to fix petitioner No. 1 in some job and spent a huge amount but in vain and this further annoyed the petitioners who started treating respondent No. 2 with cruelty and making demand for more dowry.

(3.) NOTICE of motion was issued to the respondents. In reply a joint application has been filed by the parties stating therein that all the disputes between them have been mutually settled, petitioner and respondent No. 2 have resumed cohabitation and that petitioner No. 1 has taken respondent No. 2 alongwith their children on 24. 4. 1995 to the matrimonial home and that no dispute or difference remains to be settled between the parties. It has been stated that the First Information Report may be quashed. This application is supported by an affidavit sworn by Nand Lal petitioner No. 1 and Anr. affidavit sworn by Smt. Janki Devi respondent No. 2.