MUKESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner prays for quashing of FIR No.432 dated 17.07.2014 for offence punishable under Sections 376 and 506 of the Indian Penal Code (in short 'IPC') registered at Police Station Ballabgarh City, District Faridabad and proceedings emanating therefrom on the basis of compromise dated 05.05.2015 (Annexure P2) arrived at between the parties.

(2.) Counsel for the petitioner has submitted that as dispute between the parties has been settled by way of compromise (Annexure P2), continuation of criminal proceedings on the basis of aforesaid FIR lodged at the instance of the complainant/respondent No.2 would be nothing but abuse and misuse of process of law at the cost of aggravating alleged misery to the complainant. To bring home his contention, it is argued that as per the allegations raised in the FIR, complainant was earlier married with Ramesh son of Balu resident of village Swamika and out of that wedlock 02 children aged 14 years and 12 years were born. About 10 years ago, the complainant met the petitioner and developed physical relationship on the pretext that he will perform marriage with her and thereafter adopt the children born out of her previous wedlock. Later, accused started beating and harassing her and did not perform marriage. It is vehemently argued that as the petitioner has now performed marriage with the complainant and both the parties are living together as husband and wife, grievance expressed by the complainant gets completely redressed, thus, the petitioner is liable to be exonerated of the alleged illegal conduct.

(3.) Pawan @ Suman, complainant filed reply by way of affidavit dated 07.08.2015 (Mark C1) with regard to settlement of dispute between the parties. A relevant extract from paras 3 and 4 of the affidavit reads as follows:-