RAM LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure for quashing of FIR No.125 dated 30.10.2006 under Sections 420/406/120-B, 506 IPC and under Sections 3 and 4 of the Dowry Prohibition Act, 1961, registered at police station Ismailabad, District Kurukshetra.

(2.) THE only ground on which the present quashing is sought in this court is that the parties had entered into a compromise and therefore, all the articles given as gift prior to marriage were returned and in addition a sum of Rs. 50,000/- was paid by the petitioners to the complainant party.

(3.) LEARNED counsel for the petitioners by placing reliance upon the judgment of Hon'ble Supreme Court in the case of Mohd. Shamim v. Smt. Nahid Begum, 2005(1) RCR(Criminal) 697 : 2005(1) Apex Criminal 299 (SC) contends that in view of the compromise having been entered into between the parties and amount having been received by the complainant, the continuation of proceedings is nothing bus misuse of the process of the Court. The Hon'ble Supreme Court has been pleased to observe as under :- "14. This Court in Ruchi Agarwal v. Amit Kumar Agrawal &Ors. 2004 (4) RCR(Crl.) 949 (SC) : 2004(8) Supreme 525, in almost a similar situation has quashed a criminal proceeding against the husband, stating :