Anchal vs State Of Haryana And Others

Arvind Singh Sangwan, J

Prayer in these 02 petitions is for transferring the FIR No.837 dated 21.12.2017 registered under Sections 232, 24, 506 IPC at Police Station Sonepat

City, FIR No.613 dated 27.07.2018 under Sections 232, 506 IPC Police Station Sonepat City, FIR No.798 dated 09.10.2018 under Sections 313, 323,

34, 498-A IPC, Police Station Sonepat City, FIR No.11 dated 09.01.2019 under Sections 323, 506 IPC, Police Station Sonepat City, FIR No.250 dated

19.05.2019 under Sections 323, 427, 34, 506 IPC, Police Station Sonepat City, pending in Court of Judicial Magistrate Ist Class, Sonepat to competent

Court at Yamuna Nagar and to transfer the petition filed under Section 125 Cr.P.C. titled as “Aanchal vs Sahil Narang and another,†bearing

complaint No.343/2018 dated 29.08.2018, pending before the Family Court, Sonepat and under Section 12 of the Domestic Violence Act, titled as

“Aanchal Narang vs Sahil Narang and another†bearing case No.753/2018 dated 06.07.2018 and under Section 12 of the Domestic Violence Act

titled as “Harsha Narang vs Sahil and another†bearing No.672/2018 dated 05.06.2018, pending before the Court of Judicial Magistrate Ist Class,

Sonepat to competent Court at Yamuna Nagar. A perusal of para 14 of the petition i.e. CRM-M No.2060 of 2021 show that on an earlier occasion,

the petitioner has filed CRM-M No.34992 of 2019 and CRM-M No.36701 of 2019 with a similar prayer of transferring the cases which were

disposed of on 26.11.2019 by passing the following order:-

“This order shall dispose of two petitions i.e. CRM-M-34992- 2019 titled as Anchal Versus Sahil Narang and another and CRM-M-36701-2019

titled as Anchal Versus State of Haryana and another.

In both these petitions, the petitioner-Anchal has sought transfer of respective cases pending before the court of Sonipat to the court at Yamunanagar

where she is presently residing.

Pursuant to the order dated 19.10.2019, parties are present in the Court.

In the pre-lunch session, the parties have shown their inclination to settle the dispute and accordingly, the case was posted for post-lunch session.

A compromise deed dated 26.11.2019 duly signed by the petitioner-Anchal and her husband Sahil Narang has been produced before this Court. In

terms of the compromise, the petitioner shall withdraw all her cases filed against the respondent. Similarly, any case filed by the respondent-Sahil

Narang or his mother-Harsha Narang would be withdrawn.

In view of above, the present petitions stand disposed of.

The said compromise shall form part of the record. The parties shall adhere to the terms of compromise. The present order has been passed in the

presence of the respective parties.â€​

Counsel appearing for the private respondent submits that in pursuance to the said order, when a petition under Section 13-B of the Hindu Marriage

Act, was filed, the respondents have paid an amount of Rs.3.83 lacs at the time of first motion and similarly, when the respondents have filed CRM-M

No.37759 and 37763 of 2020, another amount of Rs.3.83 lacs was paid and those petitions are listed for 18.03.2021. However, later on, since the

petitioner made a statement that she do not want to go by with the compromise on the ground that the payment was made beyond the stipulated time

fixed in the compromise, the petition i.e. CRM-M No.38177 of 2020, was dismissed as withdrawn with liberty to file afresh petition on merits.

After hearing the counsel for the parties, I find that the prayer in both these petitions are identical to the prayer made in CRM-M Nos.34992 and

36701 of 2019, which were disposed of on 26.11.2019 by J. Hari Pal Verma, who is still sitting in the criminal roster and the said petitions were

disposed of in view of the fact that a compromise has already been effected by the petitioner as well as her husband, therefore, the present petitions

are not maintainable. Accordingly, both the present petitions are disposed of with a liberty to the petitioner to move an appropriate application in the

aforementioned 02 petitions for revival of the same.

A photocopy of this order be placed on the file of other connected case.