SHANTI DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition under Section 482, Criminal Procedure Code has been filed with a prayer to quash FIR No. 211 dated 24. 5. 1986, registered under Sections 498-A1/406, Indian Penal Code registered in police station, Ambala Cantt. challan Under Section 173, Criminal Procedure Code and all proceedings taken in this matter pending before the Judicial Magistrate, Ambala Cantt.

(2.) BRIEF facts of the case are that complainant Om Prakash Bhardwaj respondent No. 2 made a complaint before the police on the basis of which formal FIR No. 211 dated 24. 5. 1986 under Sections 498a /406, Indian Penal Code was registered in Police Station Ambala Cantt. Annexure P1 Smt. Neelam, daughter of the complainant Om Parkash was married to Kuldeep Sharma in September, 1983. It is alleged that Kuldeep Sharma and his mother started maltreating Smt. Neelam for want of cash from him. Neelam was asked to bring Rs. 10,000.00 from her parents otherwise he would not keep her with him. It was further alleged that on 27. 10. 1985 Neelam was sent to Om Parkash complainant. On 24. 11. 1985 petitioners came to the house of Om Parkash alongwith one Jaideep for the money. Ultimately Kuldeep Sharma took alongwith Neelam on 27. 11. 1985 with him to Delhi. Thereafter, she was tortured for three days. Ultimately on 1. 12. 1985, Kuldeep Sharma strangulated Neelam to death and abconded. It was further alleged that articles mentioned in the list including jewellery were given to Neelam at the time of her marriage which have been kept by her in-laws in Kothi No. 48, Durga Nagar, Ambala Cantt. According to Om Parkash, the articles being the Istridhan of his daughter, her in-laws had no right to retain the same.

(3.) IN response to the notice of motion, Om Parkash respondent No. 2 put in appearance in person. He expressed that the matter has been compromised between the parties and he is not interested in pursuing the criminal proceedings pending in the Court of Judicial Magistrate, 1st Class, Ambala Cantt. His statement has been separately recorded which reads as under :